The case of our affaires in law, religion, and other circumstances examined and presented to the conscience
         Spelman, John, Sir, 1594-1643.
      
       
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             The case of our affaires in law, religion, and other circumstances examined and presented to the conscience
             Spelman, John, Sir, 1594-1643.
          
           38 p.
           
             s.n.],
             [Oxford :
             1643.
          
           
             Attributed to John Spelman--Wing.
             Reproduction of original in the Cambridge University Library.
          
        
      
    
     
       
         eng
      
       
         
           Great Britain -- History -- Charles I, 1625-1649 -- Pamphlets.
        
      
    
       A61098  R26250  (Wing S4935).  civilwar no The case of our affaires, in lavv, religion, and other circumstances briefly examined, and presented to the conscience. Spelman, John, Sir 1644    15492 24 0 0 0 0 0 15 C  The  rate of 15 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           The
           Case
           of
           our
           Affaires
           ,
           IN
           LAW
           ,
           RELIGION
           ,
           And
           other
           Circumstances
           briefly
           Examined
           ,
           and
           Presented
           to
           the
           CONSCIENCE
           .
        
         
           Tudor Rose
        
         
           Scottish Thistle
        
         
           Printed
           in
           the
           Yeare
           ,
           1643.
           
        
      
    
     
       
       
       
         
           The
           Case
           of
           our
           Affaires
           in
           Law
           ,
           Religion
           ,
           and
           other
           Circumstances
           briefly
           examined
           ,
           &c.
           
        
         
           THough
           the
           Bonds
           of
           all
           Dutie
           are
           originally
           and
           principally
           founded
           in
           God
           ,
           and
           tied
           by
           Religion
           ;
           yet
           seeing
           all
           civill
           Duties
           relate
           to
           the
           particularitie
           of
           the
           humane
           Ordinance
           ,
           and
           according
           to
           the
           nature
           of
           it
           ,
           is
           with
           more
           or
           lesse
           importance
           to
           be
           exacted
           .
           What
           Subject
           soever
           would
           finde
           the
           true
           rule
           and
           bond
           of
           his
           obedience
           ,
           must
           in
           the
           first
           place
           look
           what
           the
           State
           is
           wherein
           he
           lives
           ,
           and
           in
           whom
           the
           Soveraignitie
           is
           to
           which
           his
           obedience
           and
           faith
           is
           inevitably
           bound
           .
        
         
           Our
           State
           of
           
             England
          
           (
           even
           by
           the
           declaration
           of
           our
           Lawes
           )
           is
           a
           Kingdom
           ,
           an
           Empire
           ,
           a
           well
           regulated
           Monarchie
           ;
           
           the
           Head
           thereof
           a
           Supreme
           Head
           ,
           a
           Soveraigne
           ,
           a
           King
           whose
           Crown
           is
           an
           Imperiall
           Crown
           ,
           the
           Kingdom
           
             His
          
           Kingdom
           ,
           
             His
          
           Realme
           ,
           
             His
          
           Dominion
           ,
           the
           People
           
             His
          
           People
           ,
           the
           Subject
           
             His
          
           Subject
           ,
           not
           onely
           as
           they
           are
           single
           men
           ,
           but
           even
           when
           being
           in
           Parliament
           assembled
           ,
           they
           make
           the
           Bodie
           Representative
           of
           the
           whole
           Kingdom
           considered
           apart
           without
           the
           King
           ,
           so
           that
           the
           very
           Parliament
           it selfe
           is
           also
           by
           our
           Lawes
           called
           
             His
          
           Parliament
           :
           the
           King
           alone
           by
           Law
           hath
           power
           to
           call
           together
           in
           Parliament
           that
           Representative
           Bodie
           ,
           and
           at
           His
           pleasure
           to
           dissolve
           it
           ;
           He
           personally
           hath
           Homage
           and
           Oath
           of
           fidelitie
           of
           all
           the
           Peeres
           as
           of
           
             His
          
           Barons
           ,
           and
           all
           the
           Commons
           in
           Parliament
           do
           by
           Law
           swear
           Alleageance
           to
           Him
           as
           to
           the
           
             Onely
             Supreme
             Governour
             ,
             and
             to
             assist
             and
             defend
             all
             Jurisdictions
             ,
          
           
           
             Priviledges
             ,
             Preheminences
             ,
             and
             Authorities
             ,
             belonging
             to
             Him
             ,
             His
             Heires
             and
             Successours
             ,
             or
             annexed
             to
             the
             Imperiall
             Crown
             of
             the
             Realme
             .
          
           
           By
           the
           same
           Oath
           also
           is
           every
           Officer
           of
           considerable
           trust
           in
           Church
           and
           Common-wealth
           assured
           to
           His
           Majestie
           ;
           and
           not
           onely
           they
           ,
           but
           every
           single
           man
           of
           twelve
           yeares
           of
           age
           ought
           by
           Law
           in
           some
           or
           other
           of
           His
           Majesties
           Leetes
           to
           swear
           Alleageance
           to
           His
           Majestie
           :
           and
           never
           in
           our
           Law
           have
           we
           known
           an
           Oath
           of
           obedience
           to
           be
           made
           unto
           the
           Parliament
           ,
           or
           any
           other
           Power
           in
           any
           case
           ,
           either
           of
           mis-government
           or
           danger
           ,
           how
           extraordinary
           soever
           .
        
         
           This
           Soveraignitie
           in
           the
           King
           appeares
           not
           onely
           by
           that
           Oath
           of
           Supremacie
           ,
           but
           by
           the
           constant
           acknowledgement
           of
           our
           Acts
           of
           Parliament
           both
           antient
           and
           moderne
           ,
           which
           alwayes
           stile
           the
           King
           
             Our
             Soveraigne
             Lord
             the
             King
             ,
          
           that
           is
           ,
           not
           Soveraigne
           Lord
           to
           every
           single
           man
           onely
           (
           as
           the
           Observer
           traiterously
           and
           foolishly
           would
           make
           it
           )
           but
           the
           universalitie
           of
           us
           ,
           even
           to
           our
           Bodie
           Representative
           in
           Parliament
           .
           For
           we
           must
           note
           that
           though
           we
           have
           among
           us
           many
           that
           are
           called
           Lords
           even
           by
           our
           Acts
           of
           Parliament
           themselves
           ,
           yet
           being
           Lords
           without
           relation
           to
           the
           communitie
           or
           publique
           they
           are
           never
           called
           
             Our
             Lords
             ,
          
           but
           
             The
             Lords
             ,
          
           with
           addition
           of
           such
           or
           such
           place
           or
           Office
           ;
           and
           they
           indeed
           are
           Lords
           
             singulis
             ,
          
           not
           
             universis
             ,
          
           for
           every
           particular
           man
           may
           call
           such
           a
           Lord
           
             My
             Lord
             ,
          
           but
           the
           Communitie
           may
           not
           call
           him
           
             Our
             Lord
             ,
          
           for
           to
           be
           Our
           Lord
           is
           to
           be
           Lord
           of
           the
           Communitie
           ,
           and
           that
           belongeth
           onely
           to
           
             Our
             Soveraigne
             Lord
             the
             King
             .
          
        
         
           Our
           very
           Acts
           of
           Parliament
           declaring
           this
           State
           to
           be
           a
           right
           Imperiall
           Kingdom
           ,
           a
           Kingdom
           (
           we
           know
           )
           consisteth
           of
           no
           more
           than
           two
           formall
           parts
           onely
           ,
           that
           is
           to
           say
           ,
           a
           Soveraigne
           Head
           ,
           and
           a
           Subject
           Bodie
           ;
           and
           then
           it
           clearly
           followeth
           that
           what
           cooperation
           soever
           there
           be
           of
           any
           of
           the
           Members
           with
           the
           Head
           for
           the
           doing
           of
           any
           necessary
           Act
           of
           State
           ,
           whatsoever
           necessitie
           there
           be
           of
           the
           concurrence
           of
           those
           Members
           ;
           and
           howsoever
           they
           may
           seem
           to
           be
           Parties
           ,
           Orders
           ,
           or
           States
           ,
           co-equally
           authorised
           in
           the
           power
           of
           acting
           with
           the
           Head
           ,
           yet
           plainly
           there
           neither
           is
           ,
           nor
           can
           be
           any
           co-ordination
           ,
           nor
           co-equalitie
           of
           any
           Estate
           ,
           Order
           ,
           or
           Degree
           ,
           of
           the
           Subject
           
           with
           the
           Soveraigne
           ,
           nor
           any
           competition
           of
           the
           Subjects
           power
           (
           in
           his
           concurrence
           )
           with
           the
           virtuall
           and
           primary
           influence
           of
           the
           Soveraignes
           power
           ;
           but
           a
           plain
           subordination
           and
           subjected
           ministration
           of
           the
           one
           under
           the
           Soveraignitie
           of
           the
           other
           ,
           as
           in
           the
           further
           examination
           of
           their
           differing
           interests
           will
           manifestly
           appear
           .
        
         
           We
           see
           the
           Soveraignitie
           of
           this
           State
           clearly
           vested
           in
           the
           King
           ,
           by
           Law
           established
           in
           Him
           ,
           
           and
           inseparably
           annexed
           to
           His
           Person
           ,
           by
           which
           He
           hath
           also
           inseparably
           both
           the
           Soveraigne
           power
           and
           Soveraigne
           judgement
           :
           but
           as
           in
           judging
           and
           determining
           matters
           of
           private
           interest
           ,
           His
           power
           is
           not
           absolute
           ,
           but
           is
           restrained
           to
           judgement
           ,
           (
           not
           judgement
           arbitrary
           in
           His
           owm
           Person
           but
           judgement
           to
           be
           administred
           by
           the
           proper
           sworne
           Judges
           of
           His
           Courts
           of
           Law
           )
           so
           in
           matters
           of
           publique
           affaire
           ,
           for
           so
           much
           as
           concernes
           the
           making
           of
           Law
           ;
           His
           power
           and
           judgement
           are
           so
           restrained
           to
           the
           concurrence
           of
           the
           Nobles
           ,
           and
           Commons
           in
           Parliament
           ,
           as
           that
           He
           cannot
           make
           any
           settled
           Law
           without
           their
           consent
           ▪
           but
           then
           in
           all
           other
           things
           that
           are
           not
           expresly
           restrained
           by
           any
           Law
           ,
           as
           in
           providing
           for
           the
           present
           safetie
           against
           suddain
           danger
           ,
           which
           Senates
           are
           so
           unapt
           to
           do
           ,
           as
           that
           the
           famous
           
             Roman
          
           Senate
           was
           ever
           fain
           to
           choose
           a
           
             Dictator
          
           to
           do
           it
           for
           them
           ;
           likewise
           in
           levying
           of
           Armes
           ,
           suppressing
           of
           tumults
           and
           rebellions
           ,
           convoaking
           of
           Parliaments
           ,
           and
           dissolving
           of
           them
           ,
           making
           of
           Peeres
           ,
           granting
           libertie
           of
           sending
           Burgesses
           to
           Parliament
           ,
           treating
           with
           Forraigne
           States
           ,
           making
           of
           War
           ,
           League
           ,
           and
           Peace
           ,
           granting
           safe
           conduct
           and
           protection
           ,
           indenizing
           ,
           giving
           of
           Honour
           ,
           rewarding
           ,
           pardoning
           ,
           coyning
           ,
           and
           the
           like
           :
           in
           all
           these
           and
           divers
           other
           points
           of
           Regalitie
           ,
           the
           Soveraignitie
           both
           of
           judgement
           and
           power
           ever
           hath
           been
           and
           still
           is
           in
           the
           King
           alone
           ,
           freely
           and
           at
           his
           own
           discretion
           is
           secured
           to
           him
           by
           t●●
           Oath
           of
           Supremacie
           ,
           whereby
           as
           aforesaid
           ,
           the
           vvhole
           Representative
           of
           Commons
           ,
           all
           Magistrates
           and
           men
           in
           place
           both
           in
           Church
           and
           Common-vvealth
           svvear
           
             To
             assist
             and
             defend
             all
             jurisdictions
             ,
             priviledges
             ,
             preheminences
             ,
             and
             authorities
             belonging
             
             to
             the
             Kings
             .
          
           For
           it
           is
           plain
           ,
           that
           seeing
           that
           by
           the
           Lavv
           of
           God
           and
           Nations
           ,
           
           to
           be
           King
           is
           to
           be
           Supreme
           Judge
           and
           Lavv-giver
           ;
           vvhosoever
           is
           King
           is
           supreme
           in
           every
           thing
           vvherein
           he
           is
           not
           especially
           restrained
           ,
           and
           his
           restraint
           being
           by
           the
           peculiar
           Lavves
           of
           his
           Kingdome
           ,
           he
           can
           be
           no
           further
           restrained
           than
           the
           knovvn
           Lavves
           thereof
           expresly
           manifest
           .
        
         
           The
           great
           restraint
           of
           regall
           absolutenesse
           in
           our
           State
           is
           in
           the
           tvvo
           points
           of
           declaring
           and
           making
           of
           Lavv
           ,
           in
           neither
           of
           vvhich
           doth
           the
           King
           depart
           vvith
           any
           vvhit
           of
           his
           Soveraignitie
           .
           In
           the
           point
           declaring
           of
           Lavv
           ,
           the
           King
           is
           restrained
           ordinarily
           to
           the
           mediation
           of
           his
           Judges
           ,
           vvho
           to
           declare
           the
           Lavv
           by
           deliverie
           of
           the
           genuine
           sense
           and
           interpretation
           of
           Lavv
           according
           to
           to
           art
           and
           rules
           of
           science
           ,
           are
           in
           their
           respective
           Courts
           the
           proper
           and
           authorised
           Judges
           ,
           and
           Interpreters
           of
           Law
           ,
           and
           do
           by
           their
           interpretation
           and
           judgement
           then
           binde
           both
           the
           King
           and
           Subject
           .
        
         
           Next
           above
           them
           upon
           errour
           supposed
           in
           their
           judgement
           ,
           the
           House
           of
           Lords
           (
           who
           anciently
           were
           exercised
           in
           the
           Lawes
           and
           learned
           in
           them
           ,
           
           and
           are
           assisted
           with
           all
           or
           most
           of
           the
           Judges
           of
           the
           Benches
           )
           do
           upon
           Writs
           of
           Errour
           in
           Parliament
           revise
           ,
           and
           by
           the
           advice
           of
           the
           Judges
           affirme
           or
           reverse
           the
           Sentence
           of
           the
           next
           inferiour
           Courts
           ,
           where
           the
           judgement
           whither
           given
           for
           the
           King
           or
           for
           a
           common
           person
           ,
           may
           be
           reversed
           ,
           and
           as
           well
           the
           King
           as
           the
           common
           person
           bound
           by
           their
           reversall
           and
           judgement
           ,
           unlesse
           they
           be
           relieved
           by
           expresse
           Act
           of
           Parliament
           .
        
         
           Other
           way
           of
           Declaring
           Law
           ,
           in
           true
           proprietie
           of
           speech
           (
           that
           is
           ,
           to
           declare
           the
           genuine
           sense
           and
           dictate
           of
           the
           Law
           as
           it
           naturally
           ariseth
           from
           the
           force
           of
           Lawes
           in
           being
           )
           there
           is
           none
           :
           for
           as
           for
           declaring
           Law
           by
           Act
           of
           Parliament
           ,
           though
           that
           of
           all
           other
           be
           most
           authentique
           ,
           yet
           it
           is
           not
           authentique
           for
           acurate
           judgement
           in
           interpretation
           supposed
           to
           be
           in
           the
           two
           Houses
           there
           ,
           so
           much
           as
           for
           authoritie
           legislative
           administred
           by
           the
           three
           Orders
           of
           that
           high
           Court
           :
           for
           should
           the
           three
           Orders
           declare
           Law
           contrary
           to
           what
           were
           Law
           indeed
           ,
           
           yet
           could
           not
           their
           Declaration
           be
           erroneous
           ,
           for
           that
           it
           thenceforth
           altered
           the
           Law
           and
           made
           their
           dictate
           Law
           though
           it
           were
           none
           before
           .
           Such
           Declaration
           of
           Law
           therefore
           being
           never
           possible
           to
           be
           made
           but
           by
           the
           full
           legislative
           power
           of
           all
           the
           three
           Orders
           ,
           is
           not
           so
           properly
           a
           Declaring
           or
           interpreting
           of
           Law
           ,
           as
           rather
           the
           making
           of
           it
           ,
           and
           is
           therefore
           to
           be
           referred
           to
           the
           point
           of
           restraint
           in
           making
           of
           Law
           .
           And
           this
           is
           clear
           that
           in
           such
           declaring
           of
           Law
           the
           Kings
           power
           is
           so
           much
           lesse
           restrained
           than
           it
           is
           by
           declaring
           of
           Law
           by
           their
           inferiour
           Courts
           as
           that
           in
           this
           he
           himselfe
           hath
           ever
           a
           personall
           Vote
           in
           the
           Declaration
           ,
           but
           in
           other
           he
           hath
           none
           at
           all
           .
        
         
           As
           to
           the
           restraint
           of
           regall
           absolutenesse
           in
           point
           of
           making
           Law
           .
           When
           our
           wise
           and
           pious
           Christian
           Princes
           had
           once
           brought
           the
           Kingdom
           to
           an
           happy
           frame
           of
           just
           and
           regular
           Government
           ,
           and
           sought
           by
           all
           meanes
           the
           establishment
           of
           that
           good
           condition
           ,
           which
           promised
           both
           prosperitie
           to
           their
           people
           ,
           and
           stabilitie
           to
           their
           own
           Dominion
           .
           (
           Change
           and
           Innovation
           being
           thenceforth
           more
           to
           be
           feared
           than
           any
           other
           thing
           )
           They
           for
           preservation
           of
           what
           they
           had
           done
           ,
           began
           to
           yeild
           the
           absolutenesse
           of
           their
           power
           ,
           without
           which
           they
           could
           never
           have
           brought
           the
           State
           into
           any
           perfect
           frame
           ,
           unto
           some
           retardation
           of
           motion
           ,
           and
           regulation
           of
           power
           ;
           and
           came
           by
           degrees
           not
           onely
           to
           use
           the
           advice
           of
           the
           Bishops
           and
           Barons
           in
           making
           of
           their
           Lawes
           ,
           but
           their
           consents
           also
           ;
           and
           then
           not
           onely
           their
           advice
           and
           consents
           ,
           but
           the
           advice
           and
           consents
           of
           the
           Commons
           also
           ;
           condescending
           at
           last
           that
           as
           to
           the
           power
           of
           making
           Law
           ,
           their
           Scepter
           should
           thenceforth
           be
           locked
           up
           under
           the
           cautelous
           ward
           of
           a
           triple
           hand
           ;
           so
           as
           no
           new
           Act
           whatsoever
           should
           obtain
           the
           Authoritie
           of
           a
           positive
           Law
           without
           the
           agreement
           of
           the
           King
           ,
           the
           Peeres
           ,
           and
           the
           Commons
           ;
           to
           the
           end
           that
           no
           unadvised
           Law
           ,
           not
           well
           examined
           and
           found
           agreeing
           with
           the
           interests
           of
           every
           of
           the
           three
           formall
           parts
           of
           this
           Kingdom
           ,
           might
           in
           any
           part
           maime
           or
           enfeeble
           the
           established
           frame
           ,
           which
           yet
           did
           not
           so
           much
           coop
           up
           or
           curbe
           the
           regall
           power
           from
           any
           due
           worke
           or
           
           office
           that
           belongeth
           to
           it
           ;
           as
           rather
           close
           and
           fence
           it
           in
           ,
           within
           the
           bounds
           of
           safetie
           and
           of
           preservation
           .
        
         
           Now
           this
           restraint
           being
           at
           first
           collaterall
           and
           accidentall
           to
           the
           Soveraigne
           power
           ,
           did
           not
           in
           the
           beginning
           otherwise
           binde
           our
           Princes
           than
           by
           their
           voluntary
           and
           pious
           submission
           of
           their
           wils
           ,
           till
           constant
           custome
           becomming
           a
           Law
           made
           that
           usage
           which
           was
           at
           first
           at
           their
           will
           ,
           become
           an
           absolute
           and
           inevitable
           limitation
           of
           their
           power
           ,
           so
           as
           that
           at
           this
           day
           no
           positive
           Law
           can
           now
           be
           made
           by
           the
           King
           ,
           without
           the
           consent
           of
           the
           Peeres
           and
           of
           the
           Commons
           :
           and
           yet
           for
           all
           this
           necessitie
           now
           of
           their
           concurrence
           and
           consent
           ,
           not
           any
           part
           of
           the
           Soveraignitie
           (
           to
           which
           the
           legislative
           power
           is
           inseperably
           incident
           )
           is
           in
           any
           sort
           transferred
           ,
           or
           communicate
           unto
           them
           :
           but
           as
           in
           our
           Copy
           hold
           Estates
           ,
           the
           Copy
           holder
           of
           a
           meer
           Tenant
           at
           Will
           ,
           comes
           by
           custome
           to
           gain
           a
           customary
           inheritance
           ,
           and
           so
           to
           limit
           and
           restrain
           the
           will
           and
           power
           of
           the
           Lord
           ,
           as
           that
           he
           cannot
           make
           any
           determination
           of
           the
           Copy-holders
           estate
           otherwise
           than
           according
           to
           the
           custome
           of
           the
           Mannour
           :
           yet
           does
           not
           he
           deprive
           the
           Lord
           of
           his
           Lordship
           in
           the
           Copy
           hold
           ,
           nor
           participate
           with
           him
           in
           it
           ,
           neither
           yet
           devest
           the
           Fee
           and
           Frank-tenement
           out
           of
           the
           lord
           ,
           but
           they
           still
           remain
           in
           him
           and
           are
           ever
           parcell
           of
           the
           Lords
           Demeasne
           .
           So
           in
           this
           restraining
           of
           the
           Kings
           legislative
           power
           to
           the
           concurrence
           of
           the
           Peeres
           and
           Commons
           :
           though
           the
           custome
           of
           the
           Kingdom
           hath
           so
           fixed
           and
           settled
           the
           restraint
           ,
           as
           that
           now
           the
           King
           cannot
           in
           that
           point
           use
           his
           soveraigne
           power
           without
           the
           concurrence
           of
           the
           Peeres
           and
           Commons
           according
           to
           the
           custome
           of
           the
           Kingdom
           ,
           yet
           still
           the
           Soveraignitie
           (
           and
           with
           it
           the
           inseperable
           legislative
           power
           )
           does
           soly
           reside
           in
           the
           King
           .
           As
           for
           the
           Peeres
           and
           Commons
           they
           being
           meerly
           Instruments
           of
           Regulation
           and
           qualification
           of
           the
           Kings
           legislative
           absolutenesse
           ,
           are
           no
           sharers
           with
           him
           in
           the
           Soveraignitie
           ,
           but
           alwayes
           remain
           (
           as
           our
           very
           legislative
           Acts
           of
           Parliament
           do
           alwayes
           speak
           them
           )
           
             His
             Majesties
             Subjects
             .
          
           And
           His
           Majestie
           for
           all
           this
           restraining
           power
           of
           theirs
           remaines
           (
           as
           they
           
           themselves
           in
           the
           legislative
           Acts
           ,
           and
           not
           without
           an
           Oath
           ,
           acknowledge
           Him
           their
           
             true
             and
             onely
             Soveraigne
             .
          
        
         
           Apparantly
           therefore
           the
           Soveraignitie
           or
           regall
           power
           being
           thus
           in
           matters
           of
           private
           interest
           restrained
           to
           the
           rule
           ,
           jurisdiction
           ,
           and
           administration
           of
           Law
           ,
           as
           well
           by
           inferiour
           Courts
           as
           by
           the
           House
           of
           Lords
           ;
           and
           in
           the
           publique
           affaire
           of
           making
           Law
           ,
           restrained
           to
           the
           concurrence
           of
           the
           Peers
           and
           Commons
           ,
           is
           not
           so
           properly
           said
           to
           be
           restrained
           ,
           as
           regulated
           .
           For
           neither
           is
           any
           of
           the
           Kings
           just
           and
           necessary
           power
           to
           the
           prejudice
           of
           the
           Crown
           taken
           from
           Him
           (
           for
           the
           Law
           in
           no
           sort
           suffers
           any
           diminution
           of
           the
           just
           and
           due
           Soveraignitie
           )
           neither
           is
           there
           any
           partenership
           of
           the
           Supremacie
           thereby
           thrust
           upon
           the
           King
           ,
           when
           the
           Law
           ,
           notwithstanding
           the
           restraint
           expresly
           declares
           Him
           
             The
             onely
             Supreme
             Governour
             .
          
           Neither
           yet
           is
           any
           of
           the
           irregular
           and
           exorbitant
           absolutenesse
           ,
           which
           the
           Law
           separates
           from
           the
           regalitie
           ,
           any
           way
           transferred
           to
           the
           Courts
           or
           persons
           that
           are
           the
           instrumentals
           of
           the
           regulation
           ,
           but
           the
           Law
           separating
           all
           irregular
           licentiousnesse
           from
           the
           Regalitie
           ,
           utterly
           annihilates
           and
           makes
           null
           all
           practice
           and
           exercise
           thereof
           .
           In
           summe
           ,
           all
           that
           is
           effected
           by
           this
           regulation
           is
           ,
           the
           King
           as
           He
           ever
           was
           ,
           so
           still
           remaines
           ,
           wholly
           and
           soly
           Soveraigne
           of
           the
           Kingdom
           onely
           ,
           not
           of
           a
           licentious
           and
           illegall
           ,
           but
           of
           a
           regular
           and
           legitimate
           Dominion
           .
        
         
           But
           when
           the
           power
           and
           authoritie
           of
           Parliament
           is
           acknowledged
           to
           be
           the
           highest
           ,
           most
           absolute
           ,
           and
           most
           Soveraigne
           power
           in
           the
           Kingdom
           ,
           and
           seemes
           repugnant
           to
           that
           which
           we
           have
           alleadged
           ,
           that
           the
           Soveraignitie
           is
           wholly
           and
           soly
           in
           the
           King
           ;
           We
           shall
           easily
           reconcile
           that
           apparition
           of
           contradiction
           ,
           if
           we
           consider
           that
           we
           use
           the
           word
           Parliament
           to
           divers
           senses
           ,
           and
           that
           in
           two
           senses
           wherein
           we
           use
           the
           word
           Parliament
           there
           is
           no
           Soveraignitie
           to
           be
           ascribed
           to
           it
           .
        
         
           We
           sometimes
           use
           the
           word
           Parliament
           for
           the
           House
           of
           Lords
           onely
           .
           As
           when
           upon
           Writs
           of
           Errour
           any
           Judgement
           in
           the
           Kings
           Bench
           is
           examined
           in
           the
           House
           of
           Lords
           ,
           and
           there
           affirmed
           or
           reversed
           ,
           the
           Judgement
           is
           said
           to
           be
           affirmed
           
           or
           reversed
           by
           Parliament
           .
           And
           yet
           though
           in
           that
           sense
           ,
           the
           House
           of
           Lords
           is
           well
           enough
           called
           The
           Parliament
           ,
           yet
           is
           it
           not
           the
           high
           Court
           of
           Parliament
           ,
           which
           is
           the
           supreme
           Judgement
           ,
           power
           ,
           and
           Authoritie
           of
           the
           Kingdome
           ,
           and
           that
           we
           may
           easily
           see
           in
           this
           ,
           that
           though
           the
           Lords
           have
           power
           there
           to
           reverse
           the
           Judgements
           of
           their
           inferiour
           Courts
           ,
           yet
           have
           they
           not
           power
           to
           reverse
           their
           own
           Judgements
           ,
           nor
           to
           restore
           again
           any
           Judgement
           that
           they
           have
           reversed
           ;
           for
           they
           judging
           ministerially
           ,
           and
           not
           soveraignely
           ,
           do
           as
           well
           binde
           their
           own
           hands
           as
           the
           hands
           of
           their
           inferiours
           ,
           whereas
           the
           absolute
           soveraigne
           power
           doth
           not
           so
           ,
           but
           may
           reverse
           any
           judgement
           that
           they
           themselves
           have
           given
           ,
           and
           again
           restore
           the
           judgement
           that
           they
           themselves
           reversed
           ,
           for
           the
           absolute
           supreme
           Court
           having
           
             Juris
             dandi
             dictionem
             ,
          
           can
           never
           be
           at
           the
           last
           period
           of
           her
           jurisdiction
           ;
           but
           looking
           ever
           forward
           to
           the
           present
           occasion
           ,
           whatsoever
           passed
           before
           ,
           it
           
             pro
             re
             natâ
          
           legislatively
           judgeth
           ,
           maketh
           ,
           and
           declareth
           Law
           .
           But
           the
           House
           of
           Lords
           (
           though
           the
           most
           superiour
           of
           all
           Courts
           of
           ministeriall
           iurisdiction
           )
           and
           all
           other
           inferiour
           Courts
           ,
           (
           they
           having
           no
           other
           iurisdiction
           than
           onely
           
             juris
             dati
             dictionem
             ,
          
           )
           in
           using
           their
           iurisdiction
           do
           consummate
           it
           ,
           and
           bring
           it
           to
           a
           period
           ,
           beyond
           which
           they
           cannot
           go
           .
           Besides
           the
           House
           of
           Lords
           is
           nor
           universally
           to
           all
           occasions
           a
           iudicatorie
           ,
           and
           therefore
           not
           soveraigne
           ,
           but
           is
           the
           distinct
           Court
           of
           the
           Kings
           Barons
           of
           Parliament
           of
           particular
           and
           ministeriall
           iurisdiction
           ,
           in
           which
           the
           King
           (
           though
           one
           of
           the
           three
           Voters
           in
           Parliament
           )
           yet
           in
           those
           things
           which
           come
           by
           processe
           of
           Law
           to
           receive
           determination
           there
           onely
           ,
           hath
           no
           Vote
           at
           all
           ,
           no
           more
           than
           in
           all
           other
           Courts
           of
           ministeriall
           iurisdiction
           .
        
         
           Sometime
           we
           use
           the
           word
           Parliament
           for
           the
           two
           Houses
           of
           Parliament
           onely
           ,
           and
           that
           in
           regard
           they
           are
           the
           grosse
           of
           the
           Bodie
           ,
           whereof
           the
           Parliament
           consists
           ,
           there
           wanting
           onely
           the
           Soveraigne
           Head
           to
           compleat
           it
           .
           But
           the
           two
           Houses
           alone
           without
           the
           King
           are
           so
           farre
           from
           being
           the
           supreme
           and
           high
           Court
           of
           Parliament
           ,
           as
           that
           they
           are
           not
           at
           all
           a
           compleat
           
           Court
           ,
           neither
           can
           they
           so
           unite
           or
           conioyne
           as
           to
           be
           an
           entire
           Court
           of
           either
           soveraigne
           or
           ministeriall
           iurisdiction
           .
           But
           are
           two
           distinct
           Courts
           (
           if
           so
           be
           the
           House
           of
           Commons
           which
           cannot
           minister
           an
           Oath
           ,
           nor
           fine
           ,
           nor
           imprison
           any
           but
           their
           own
           Members
           )
           may
           be
           called
           a
           Court
           ,
           then
           are
           they
           Courts
           ,
           not
           otherwise
           co-operating
           ,
           than
           by
           concurrence
           of
           Votes
           in
           their
           severall
           Houses
           ,
           for
           preparing
           matters
           in
           order
           to
           an
           Act
           of
           all
           the
           three
           Orders
           of
           the
           Parliament
           ,
           which
           when
           they
           have
           done
           their
           Votes
           ,
           are
           so
           farre
           from
           having
           any
           Legall
           Authoritie
           in
           the
           State
           ,
           as
           that
           in
           Law
           there
           is
           no
           stile
           ,
           nor
           forme
           of
           their
           joynt
           Acts
           ,
           nor
           doth
           the
           Law
           so
           much
           as
           take
           notice
           of
           them
           ,
           untill
           they
           have
           the
           royall
           assent
           ,
           which
           if
           the
           King
           refuses
           ,
           he
           yet
           doth
           no
           injurie
           to
           any
           ,
           for
           that
           every
           of
           the
           three
           Orders
           that
           are
           the
           formall
           parts
           of
           the
           high
           Court
           of
           Parliament
           ,
           (
           that
           is
           ,
           the
           King
           ,
           the
           Peeres
           ,
           and
           Commons
           )
           are
           every
           of
           them
           by
           Law
           trusted
           for
           their
           own
           respective
           interests
           to
           be
           the
           onely
           assured
           Conservatours
           of
           the
           rights
           that
           do
           belong
           unto
           them
           ,
           and
           may
           therefore
           every
           one
           of
           them
           freely
           dissent
           from
           the
           Votes
           of
           the
           other
           two
           ,
           nor
           is
           their
           any
           danger
           that
           it
           should
           be
           so
           ,
           but
           contrarily
           the
           most
           assured
           safetie
           that
           may
           be
           ,
           for
           the
           consequence
           of
           their
           not
           agreeing
           can
           be
           no
           worse
           ,
           than
           that
           their
           severall
           interests
           shall
           still
           remain
           in
           the
           condition
           that
           they
           were
           before
           ,
           untill
           such
           time
           as
           that
           they
           shall
           all
           three
           agree
           upon
           the
           state
           of
           alteration
           .
           Now
           when
           the
           two
           Houses
           alone
           do
           no
           way
           make
           an
           entire
           Bodie
           ,
           House
           ,
           or
           Court
           ,
           and
           when
           their
           is
           no
           known
           stile
           ,
           nor
           forme
           of
           any
           Law
           ,
           or
           Edict
           by
           the
           Votes
           of
           them
           two
           onely
           ,
           nor
           any
           notice
           of
           them
           taken
           by
           the
           Law
           ,
           it
           is
           apparant
           there
           is
           no
           Soveraignitie
           in
           their
           two
           Votes
           alone
           .
        
         
           To
           argue
           now
           as
           some
           do
           ,
           that
           the
           King
           must
           not
           deny
           His
           Vote
           ,
           for
           if
           by
           denying
           it
           He
           may
           frustrate
           the
           Votes
           of
           the
           two
           Houses
           ,
           by
           the
           same
           reason
           may
           He
           frustrate
           the
           Votes
           of
           all
           inferiour
           Courts
           ,
           and
           open
           a
           way
           to
           the
           most
           boundlesse
           tyrannie
           that
           ever
           was
           ,
           is
           a
           most
           perverse
           and
           absurde
           falsitie
           ;
           there
           being
           no
           affinitie
           nor
           resemblance
           of
           the
           course
           of
           those
           
           Courts
           with
           that
           of
           Parliament
           .
           For
           in
           inferiour
           Courts
           the
           Judges
           sit
           and
           give
           Judgement
           for
           the
           King
           ,
           and
           not
           for
           themselves
           ;
           and
           the
           Law
           there
           authorises
           them
           to
           give
           the
           Kings
           Judgement
           ,
           and
           none
           but
           them
           ,
           and
           therefore
           the
           Kings
           Dissent
           or
           Countermand
           cannot
           frustrate
           their
           Judgements
           .
           But
           in
           Parliament
           the
           Peeres
           and
           Commons
           neither
           sit
           nor
           Vote
           for
           the
           King
           ,
           but
           for
           themselves
           .
           And
           the
           Law
           appoints
           the
           King
           himselfe
           to
           give
           His
           own
           Vote
           there
           (
           which
           if
           the
           Peeres
           and
           Commons
           in
           His
           absence
           could
           have
           supplied
           ,
           the
           Statute
           33.
           
             H.
          
           8.21
           .
           needed
           not
           have
           provided
           that
           His
           Consent
           or
           Vote
           by
           His
           Letters
           under
           His
           Great
           Seale
           should
           be
           as
           effectuall
           ,
           as
           if
           He
           himselfe
           in
           Person
           had
           assented
           .
           )
           Besides
           the
           Judgement
           given
           by
           the
           Judges
           in
           inferiour
           Courts
           ,
           is
           compleat
           in
           Law
           without
           the
           assent
           of
           the
           King
           ,
           and
           therefore
           cannot
           be
           frustrate
           by
           the
           Kings
           dissent
           ;
           but
           the
           Votes
           of
           the
           two
           Houses
           are
           therefore
           to
           be
           frustrated
           for
           want
           of
           the
           Kings
           assent
           ,
           because
           without
           it
           they
           are
           not
           compleat
           nor
           perfect
           .
           The
           high
           Court
           of
           Parliament
           therefore
           resembling
           a
           Chaire
           of
           three
           feet
           ,
           the
           two
           Houses
           make
           but
           two
           of
           the
           three
           ,
           which
           without
           the
           third
           is
           lame
           and
           uselesse
           (
           as
           to
           making
           of
           Law
           )
           but
           with
           the
           third
           becomes
           a
           firme
           and
           usefull
           seate
           ,
           and
           makes
           that
           sacred
           
             Tripos
          
           from
           whence
           the
           Civil
           Oracles
           of
           our
           Law
           are
           delivered
           .
           When
           therefore
           we
           speake
           of
           the
           Soveraigne
           power
           and
           Authoritie
           of
           the
           Parliament
           ,
           that
           never
           is
           to
           be
           understood
           of
           the
           power
           of
           the
           two
           Houses
           onely
           ,
           nor
           any
           such
           Soveraigne
           power
           to
           be
           ascribed
           unto
           them
           ▪
        
         
           Now
           in
           the
           last
           place
           ,
           we
           use
           the
           word
           Parliament
           for
           the
           three
           Orders
           of
           Parliament
           agreeing
           in
           their
           Votes
           ;
           then
           ,
           and
           then
           onely
           use
           we
           the
           word
           Parliament
           properly
           ,
           and
           in
           that
           sense
           onely
           is
           the
           Parliament
           the
           supreme
           Court
           ,
           the
           highest
           judicatorie
           ,
           and
           most
           soveraigne
           power
           ,
           and
           authoritie
           in
           the
           Kingdom
           .
           But
           we
           must
           ever
           understand
           ,
           that
           it
           is
           not
           the
           most
           Soveraigne
           Court
           ,
           for
           any
           Soveraignitie
           placed
           in
           the
           two
           Houses
           ,
           and
           from
           them
           transferred
           or
           communicated
           to
           His
           Majestie
           ,
           by
           their
           joyning
           or
           consenting
           with
           him
           ;
           but
           it
           is
           
           therefore
           the
           most
           soveraigne
           Court
           ,
           because
           every
           compleat
           and
           perfect
           Act
           of
           it
           is
           the
           Act
           of
           the
           personall
           will
           ,
           and
           power
           of
           the
           Soveraigne
           himselfe
           ,
           
             Standing
             in
             His
             highest
             Estate
             Royall
             ,
          
           
           and
           (
           through
           the
           concurrence
           of
           those
           that
           are
           the
           instrumentals
           of
           His
           restraint
           )
           more
           freely
           and
           absolutely
           working
           there
           ,
           than
           in
           any
           other
           time
           and
           place
           he
           can
           do
           .
           For
           as
           a
           man
           that
           yeildeth
           himselfe
           to
           be
           bound
           by
           keepers
           ,
           hath
           the
           use
           of
           his
           strength
           taken
           from
           him
           ,
           but
           none
           of
           the
           naturall
           strength
           it selfe
           ,
           much
           lesse
           any
           of
           it
           transferred
           to
           them
           that
           bound
           him
           ,
           but
           whensoever
           they
           loose
           his
           bonds
           ,
           he
           again
           workes
           and
           acts
           by
           virtue
           of
           his
           own
           naturall
           strength
           ,
           and
           not
           by
           any
           received
           from
           them
           :
           So
           the
           naturall
           right
           and
           interest
           of
           the
           Soveraignitie
           being
           soly
           in
           the
           King
           ,
           and
           the
           Peeres
           and
           Commons
           being
           onely
           interessed
           in
           the
           Office
           of
           restraining
           ,
           for
           the
           regular
           working
           of
           true
           legitimate
           Soveraignitie
           ,
           in
           whatsoever
           the
           Peeres
           and
           Commons
           by
           consenting
           remit
           the
           restraint
           ,
           the
           King
           in
           that
           willeth
           and
           worketh
           absolutely
           by
           the
           power
           of
           his
           own
           inherent
           Soveraignitie
           .
           And
           whatsoever
           Act
           of
           the
           Court
           so
           passeth
           the
           hands
           of
           all
           the
           three
           Orders
           ,
           does
           in
           truth
           virtually
           proceed
           from
           the
           King
           ,
           as
           from
           the
           true
           and
           proper
           efficient
           thereof
           :
           which
           does
           not
           obscurely
           nor
           rarely
           appear
           in
           our
           Acts
           of
           Parliament
           ,
           
           but
           plainly
           and
           frequently
           throughout
           the
           whole
           Bodie
           of
           our
           ancient
           Lawes
           ,
           
             The
             King
             Willeth
             ,
             the
             King
             Commandeth
             ,
             the
             King
             Ordaineth
             ,
             Provideth
             ,
             Establisheth
             ,
             Granteth
             ,
             &c.
             
          
           And
           yet
           though
           properly
           they
           be
           the
           Acts
           of
           the
           King
           in
           Parliament
           ;
           yet
           are
           they
           also
           truly
           the
           Acts
           of
           the
           whole
           high
           Court
           of
           Parliament
           ,
           because
           that
           every
           of
           the
           three
           Estates
           contribute
           their
           power
           according
           to
           the
           diversitie
           of
           their
           office
           and
           interest
           ,
           the
           two
           Houses
           by
           remitting
           through
           the
           consenting
           the
           restraint
           ,
           and
           the
           King
           by
           using
           his
           then
           unrestrained
           power
           .
        
         
           We
           are
           also
           to
           consider
           ,
           that
           though
           this
           high
           Court
           of
           the
           three
           Orders
           be
           the
           supreme
           Judicatorie
           of
           the
           Kingdome
           ,
           yet
           it
           hath
           not
           that
           superioritie
           of
           judgement
           ascribed
           to
           it
           ,
           for
           any
           soveraigne
           facultie
           it
           hath
           in
           discerning
           the
           true
           dictate
           and
           result
           
           of
           Law
           ,
           no
           more
           than
           of
           any
           other
           particular
           Science
           (
           as
           of
           Divinitie
           ,
           
           Philosophie
           ,
           Physicke
           ,
           Mathematiques
           ,
           &c.
           )
           for
           the
           judgement
           of
           Sciences
           belongeth
           to
           the
           professours
           thereof
           ,
           and
           the
           judgement
           of
           Law
           as
           well
           as
           of
           other
           Sciences
           .
           But
           the
           high
           Court
           of
           Parliament
           is
           the
           supreme
           judge
           ,
           for
           the
           great
           trust
           the
           Law
           reposeth
           in
           the
           concurrence
           of
           all
           the
           three
           Orders
           ,
           (
           who
           have
           meanes
           to
           have
           the
           best
           information
           of
           Law
           that
           the
           whole
           profession
           doth
           afford
           ,
           and
           are
           supposed
           to
           use
           it
           )
           and
           likewise
           for
           the
           great
           power
           they
           have
           to
           binde
           all
           other
           judgement
           ,
           and
           to
           make
           their
           sentence
           Law
           ,
           though
           (
           as
           we
           have
           said
           )
           it
           were
           not
           Law
           before
           .
        
         
           But
           we
           are
           further
           to
           observe
           that
           in
           the
           point
           of
           making
           of
           Law
           ,
           the
           Law
           restraining
           thus
           the
           Soveraigne
           power
           to
           the
           consent
           of
           the
           Peeres
           and
           Commons
           ,
           the
           more
           that
           by
           this
           regulation
           it
           purged
           it
           from
           destructive
           exorbitances
           ,
           the
           more
           tender
           it
           grew
           of
           the
           just
           and
           legitimate
           rights
           thereof
           remaining
           ,
           and
           therefore
           considering
           the
           person
           of
           the
           Soveraigne
           to
           be
           single
           ,
           and
           his
           power
           counterpoised
           by
           the
           opposed
           wisedome
           of
           the
           two
           numerous
           Bodies
           of
           the
           two
           Houses
           ,
           it
           allowed
           unto
           the
           King
           power
           to
           sweare
           unto
           himselfe
           a
           Bodie
           of
           Councell
           of
           State
           (
           which
           our
           Lawes
           sometime
           call
           
             His
             Grand
             Councell
          
           )
           and
           to
           sweare
           unto
           him
           also
           Counsellours
           at
           Law
           ,
           
           even
           the
           Judges
           themselves
           ,
           and
           others
           learned
           in
           the
           Law
           ,
           faithfully
           to
           advise
           him
           in
           his
           Government
           ,
           that
           he
           may
           neither
           do
           nor
           receive
           wrong
           ,
           especially
           not
           in
           Parliament
           ,
           where
           the
           wrong
           may
           be
           perpetuall
           .
           And
           if
           upon
           a
           generall
           pretence
           of
           evill
           counsell
           ,
           without
           any
           instance
           in
           what
           ,
           his
           Majestie
           be
           deprived
           of
           the
           use
           and
           assistance
           of
           and
           assistance
           of
           any
           of
           his
           sworne
           Counsell
           (
           especially
           in
           Parliament
           time
           ,
           when
           the
           Soveraignitie
           may
           be
           so
           easily
           overmatched
           )
           it
           will
           make
           such
           a
           breach
           of
           the
           priviledge
           of
           the
           first
           of
           the
           three
           Orders
           in
           Parliament
           ,
           as
           will
           destroy
           the
           true
           frame
           of
           Parliaments
           ,
           diminish
           
           the
           power
           of
           the
           Crown
           ,
           and
           bring
           the
           settled
           estate
           of
           the
           Kingdome
           into
           the
           calamitous
           innovation
           of
           an
           unsettled
           and
           ever
           changing
           Forme
           of
           Government
           ,
           and
           so
           into
           all
           manner
           of
           miserie
           and
           confusion
           .
        
         
           The
           Soveraignitie
           in
           the
           King
           alone
           ,
           is
           so
           clearly
           acknowledged
           by
           our
           Law
           ,
           as
           that
           (
           unlesse
           we
           would
           reiect
           the
           iudgement
           and
           recognition
           of
           all
           our
           Parliament
           ,
           and
           especially
           of
           all
           our
           most
           sincere
           and
           unquestioned
           Parliaments
           all
           the
           time
           of
           Queen
           
             Elizabeth
             ,
          
           and
           ever
           since
           ,
           all
           which
           do
           not
           onely
           affirme
           but
           sweare
           it
           )
           it
           would
           be
           idle
           to
           go
           about
           to
           make
           praise
           of
           it
           .
           But
           when
           the
           incredible
           perversenesse
           of
           some
           ,
           and
           in
           particular
           of
           him
           that
           writes
           ,
           
             The
             treacherie
             and
             disloyaltie
             of
             Papists
             ,
             &c.
          
           does
           not
           onely
           affirme
           the
           contrary
           ,
           but
           would
           pretend
           to
           prove
           it
           .
           It
           cannot
           be
           a
           digression
           in
           a
           word
           or
           two
           to
           give
           some
           answer
           to
           his
           reasonings
           .
        
         
           I
           shall
           passe
           over
           
             Minshaw's
          
           Dictionarie
           ,
           
             Speed
             ,
             Stowe
             ,
             Vowell
             ,
             Foxe
             ,
          
           and
           others
           ,
           whose
           authoritie
           he
           is
           not
           ashamed
           to
           cite
           for
           determining
           matter
           in
           Law
           ,
           and
           which
           (
           if
           indeed
           it
           were
           a
           question
           )
           were
           of
           the
           greatest
           consequence
           that
           ever
           was
           stirred
           in
           Law
           .
           And
           because
           he
           so
           much
           insists
           upon
           
             Bracton
             ,
          
           I
           shall
           briefly
           examine
           
             Bracton
             ,
          
           and
           the
           Authours
           integritie
           in
           citing
           him
           and
           others
           .
        
         
           And
           first
           ,
           that
           all
           men
           may
           know
           how
           little
           authoritie
           in
           Law
           
             Bracton
          
           either
           now
           hath
           ,
           or
           anciently
           hath
           had
           .
           Our
           yeare-bookes
           tell
           us
           that
           in
           the
           35.
           
             H.
          
           6.
           
           It
           was
           declared
           by
           the
           whole
           Court
           ,
           that
           
             Bracton
             was
             never
             held
             an
             Authour
             in
             our
             Law
             ,
          
           
           and
           then
           it
           is
           not
           materiall
           what
           is
           the
           opinion
           of
           one
           that
           is
           of
           no
           authoritie
           .
           But
           if
           he
           were
           ;
           yet
           those
           words
           in
           
             Bracton
          
           so
           much
           insisted
           on
           ,
           
             Rex
             habet
             superiorem
             Deum
             ,
             Legem
             ,
             item
             Curiam
             suam
             ▪
             &c.
          
           are
           not
           indeed
           
             Bractons
          
           assertion
           .
           For
           
             Bracton
          
           speaking
           of
           the
           Kings
           Deeds
           and
           Charters
           ,
           and
           affirming
           (
           which
           we
           would
           be
           loath
           should
           be
           Law
           at
           this
           day
           )
           that
           
             Neither
             the
             Iustices
             nor
             private
             men
             may
             dispute
             the
             Kings
             Deed
             ,
          
           but
           that
           
             if
             there
             be
             doubt
             of
             his
             Deed
             ,
          
           or
           Charter
           ,
           
             the
             resolution
             must
             come
             from
             the
             Kings
             own
             interpretation
             and
             will
             ,
             &c.
             
          
           Then
           goes
           
           he
           on
           thus
           ;
           
             But
             some
             may
             say
          
           (
           saith
           he
           )
           
             that
             the
             King
             may
             do
             justice
             ,
             and
             well
             :
             and
             if
             so
             ,
             he
             may
             by
             the
             same
             reason
             do
             ill
             ,
             and
             so
             put
             a
             necessitie
             upon
             him
             ,
             that
             he
             mend
             the
             injurie
             ,
             least
             both
             King
             and
             Iustices
             fall
             into
             the
             judgement
             of
             the
             living
             God
             for
             the
             injurie
             .
             The
             King
             hath
             a
             Superiour
             ,
          
           to
           wit
           ,
           
             God
             :
             also
             the
             Law
             ,
             by
             which
             he
             is
             made
             King
             :
             also
             His
             Court
             ,
          
           to
           wit
           ,
           
             the
             Earles
             and
             Barons
             ,
             &c.
             
          
           Now
           whosoever
           considers
           the
           place
           ,
           it
           is
           all
           a
           reasoning
           which
           
             Bracton
          
           supposes
           some
           other
           to
           make
           ,
           and
           no
           affirmation
           of
           his
           own
           ,
           and
           that
           is
           also
           plain
           by
           his
           words
           in
           another
           place
           ,
           where
           speaking
           of
           the
           King
           ,
           
           
             If
             Iustice
          
           (
           saith
           he
           )
           
             be
             demanded
             of
             him
             ,
             seing
             no
             Writ
             lies
             against
             him
             ,
             one
             must
             petition
             ,
             that
             he
             would
             correct
             and
             amend
             what
             he
             had
             done
             .
             Which
             if
             he
             do
             not
             ,
             it
             is
             sufficient
             for
             his
             punishment
             ,
             that
             he
             must
             expect
             God
             to
             be
             the
             Avenger
             of
             it
             .
          
           Not
           a
           word
           of
           the
           Courts
           avenging
           or
           rectifying
           of
           the
           iniurie
           ,
           or
           of
           their
           enforcing
           the
           King
           to
           do
           it
           himselfe
           .
           Again
           ,
           speaking
           of
           Earles
           ,
           though
           with
           little
           iudgement
           he
           would
           seem
           to
           derive
           their
           Office
           from
           the
           Etymologie
           of
           the
           Latine
           name
           
             Comes
          
           (
           which
           was
           but
           a
           late
           borrowed
           translation
           brought
           in
           use
           by
           the
           Conquerour
           )
           and
           would
           so
           make
           them
           a
           kinde
           of
           Companions
           with
           the
           King
           ;
           yet
           does
           he
           not
           make
           them
           Companions
           thrust
           upon
           the
           King
           by
           Law
           ,
           but
           
             the
             Kings
          
           (
           saith
           he
           )
           
             do
             associate
             such
             to
             themselves
             for
             advice
             and
             government
             .
             Every
             one
             truly
             is
             under
             him
             ,
             and
             he
             under
             none
             but
             God
             ,
             and
             he
             hath
             no
             Peer
             in
             his
             Kingdom
             ,
             for
             then
             he
             should
             loose
             the
             Command
             ,
             when
             as
             one
             Peer
             hath
             no
             command
             over
             another
             ,
             much
             lesse
             hath
             any
             one
             command
             over
             his
             superiour
             ,
             for
             so
             he
             should
             be
             inferiour
             to
             his
             own
             Subjects
             :
             and
             the
             King
             ought
             not
             to
             be
             under
             man
             ,
             but
             under
             God
             ,
             and
             the
             Law
          
           :
           now
           these
           words
           of
           
             Bracton
          
           tell
           us
           that
           the
           other
           are
           neither
           his
           assertion
           nor
           approbation
           .
        
         
           And
           whereas
           by
           those
           words
           of
           
             Bracton
             ,
          
           that
           
             The
             King
             ought
             to
             be
             under
             the
             Law
             ,
          
           he
           would
           inferre
           a
           direct
           Soveraignitie
           over
           the
           King
           ,
           he
           very
           much
           corrupts
           the
           meaning
           of
           
             Bracton
             ,
          
           for
           it
           is
           one
           thing
           to
           be
           subiect
           to
           Law
           ,
           and
           to
           the
           administration
           of
           Law
           ,
           and
           another
           thing
           to
           be
           a
           Subiect
           to
           those
           that
           have
           the
           administration
           of
           Law
           as
           to
           his
           Soveraignes
           .
           Our
           Saviour
           
           
             Christ
          
           was
           subiect
           to
           the
           Law
           ,
           and
           to
           the
           administration
           of
           the
           Law
           in
           the
           hands
           of
           them
           that
           were
           the
           Ministers
           of
           it
           :
           yet
           was
           not
           
             Christ
          
           the
           Subject
           of
           those
           Ministers
           ,
           nor
           they
           his
           Soveraignes
           ,
           but
           contrary
           he
           theirs
           ,
           he
           being
           
             Borne
             King
             of
             the
             Iewes
             .
          
           And
           
             Bracton's
          
           reason
           that
           the
           King
           must
           be
           under
           the
           Law
           is
           ,
           
             because
             he
             is
             Christs
             Vicar
             on
             earth
             .
          
           And
           
             Christ
          
           himselfe
           was
           under
           the
           Law
           ;
           so
           as
           plainly
           
             Bracton
          
           meanes
           not
           the
           King
           ,
           otherwise
           under
           the
           Law
           ,
           then
           as
           our
           Saviour
           
             Christ
          
           was
           ,
           who
           did
           subject
           himselfe
           to
           the
           just
           execution
           of
           the
           positive
           Lawes
           of
           the
           Kingdom
           ,
           of
           which
           he
           himselfe
           was
           the
           Head
           and
           Fountain
           ,
           not
           that
           he
           should
           be
           subject
           to
           the
           administration
           of
           any
           arbitrary
           Law
           ,
           residing
           in
           the
           people
           ,
           who
           should
           in
           the
           last
           resort
           be
           Soveraignes
           over
           their
           own
           King
           :
           for
           that
           was
           not
           sutable
           to
           one
           that
           should
           be
           
             Vicar
             of
             Christ
             ,
          
           but
           to
           a
           
             Vicar
             of
             the
             people
             .
          
           Neither
           is
           the
           King
           more
           subject
           to
           any
           judgement
           that
           can
           be
           given
           in
           Parliament
           ,
           than
           He
           is
           to
           judgements
           given
           in
           inferiour
           Courts
           ,
           to
           which
           if
           you
           will
           say
           the
           Parliament
           is
           superiour
           to
           those
           Courts
           ,
           and
           the
           superioritie
           that
           is
           but
           subordinately
           in
           them
           is
           soveraignely
           in
           the
           Parliament
           ;
           truly
           the
           superioritie
           (
           if
           it
           may
           so
           be
           call'd
           )
           that
           is
           subordinately
           in
           the
           inferiour
           Courts
           ,
           is
           but
           more
           superiourly
           in
           the
           House
           of
           Lords
           than
           them
           ,
           but
           it
           is
           not
           soveraignely
           neither
           in
           the
           Lords
           House
           ,
           nor
           any
           other
           part
           of
           Parliament
           ,
           till
           we
           come
           to
           the
           judgement
           of
           all
           the
           three
           Estates
           ,
           (
           where
           the
           Kings
           will
           is
           the
           efficient
           formall
           of
           the
           Law
           )
           and
           there
           you
           may
           see
           that
           the
           Vicar
           of
           
             Christ
          
           the
           King
           ,
           like
           
             Christ
          
           His
           Lord
           ,
           whom
           He
           representeth
           ;
           in
           being
           subject
           to
           the
           Law
           ,
           of
           which
           He
           is
           Soveraigne
           ,
           becomes
           at
           last
           subject
           to
           none
           but
           Himselfe
           :
           for
           that
           high
           Court
           of
           Parliament
           speaketh
           not
           without
           Him
           .
        
         
           But
           ere
           we
           give
           over
           his
           citation
           of
           
             Bracton
             ,
          
           we
           must
           not
           forget
           his
           unfaithfull
           application
           of
           it
           .
           For
           as
           for
           those
           words
           ,
           
             The
             King
             hath
             a
             superior
          
           (
           that
           is
           to
           say
           )
           
             God
             ,
             also
             the
             Law
             ,
             also
             His
             Court
             ,
             to
             wit
             ,
             the
             Earles
             and
             Barons
             .
          
           He
           would
           not
           onely
           have
           them
           
             Bracton's
          
           words
           ,
           and
           have
           them
           understood
           to
           carry
           Soveraignitie
           over
           the
           King
           ,
           but
           would
           have
           that
           Soveraignitie
           
           placed
           in
           the
           two
           Houses
           ,
           when
           as
           
             Bracton
          
           expresly
           expounds
           that
           the
           Court
           which
           he
           meanes
           is
           the
           
             Earles
             and
             Barons
             ,
          
           that
           is
           to
           say
           ,
           the
           House
           of
           Lords
           onely
           ,
           and
           not
           the
           Commons
           too
           ;
           plainly
           shewing
           that
           he
           meanes
           no
           other
           superioritie
           than
           such
           as
           is
           incident
           to
           the
           regular
           course
           of
           Justice
           in
           the
           way
           of
           legall
           suit
           and
           processe
           ,
           which
           in
           that
           course
           never
           goes
           further
           than
           the
           House
           of
           Lords
           :
           there
           is
           no
           forme
           of
           prosecution
           in
           that
           kinde
           in
           the
           two
           Houses
           ,
           and
           therefore
           neither
           Soveraignitie
           nor
           Superioritie
           in
           that
           kinde
           can
           be
           ascribed
           to
           them
           .
        
         
           
           Neither
           may
           we
           passe
           over
           his
           falshood
           and
           shuffling
           to
           extenuate
           the
           Oath
           of
           Supremacie
           ,
           that
           securitie
           may
           make
           men
           swallow
           their
           perjurie
           and
           never
           know
           it
           :
           for
           though
           it
           be
           true
           ,
           that
           the
           Oath
           was
           pricipally
           intended
           against
           Papacie
           ,
           (
           because
           the
           Papacie
           was
           the
           first
           that
           ever
           pretended
           Soveraignitie
           over
           Kings
           )
           and
           the
           clause
           of
           renouncing
           runnes
           against
           Forraigne
           powers
           onely
           ,
           as
           those
           that
           then
           were
           onely
           feared
           to
           be
           pretenders
           under
           the
           Papacie
           ;
           yet
           the
           recognition
           it selfe
           ,
           that
           
             The
             King
             is
             the
             onely
             Supreme
             Governour
             .
          
           And
           the
           Oath
           it selfe
           ,
           to
           
             beare
             faith
             and
             true
             Alleageance
             to
             the
             King
             ,
             His
             Heires
             ,
             and
             Successours
             ,
             and
             to
             assist
             and
             defend
             all
             jurisdictions
             ,
             priviledges
             ,
             preheminences
             ,
             and
             authoritie
             belonging
             to
             them
             ,
             &c.
          
           are
           clearly
           generall
           ,
           absolute
           ,
           and
           unrestrained
           to
           any
           particularitie
           of
           Papacie
           ,
           Forraigners
           ,
           or
           any
           thing
           else
           whatsoever
           .
        
         
           But
           to
           come
           to
           that
           that
           is
           the
           maine
           Authoritie
           ,
           scope
           ,
           and
           drift
           of
           his
           book
           ,
           and
           which
           he
           would
           by
           all
           meanes
           inculcate
           though
           but
           under
           the
           shew
           of
           telling
           what
           popish
           Parliaments
           have
           done
           ,
           lest
           otherwise
           his
           horrible
           intention
           might
           appear
           ,
           he
           brings
           us
           precedents
           that
           the
           two
           Houses
           of
           Parliament
           have
           upon
           all
           occasion
           soveraignely
           disposed
           of
           the
           Crown
           ,
           and
           of
           all
           the
           rights
           that
           do
           belong
           unto
           it
           ,
           and
           that
           even
           our
           Kings
           themselves
           have
           submitted
           their
           soveraigne
           rights
           to
           the
           determination
           of
           the
           two
           Houses
           .
           
           Good
           God!
           How
           
             Evill
             men
             and
             Seducers
             wax
             worse
             and
             worse
             ,
             deceiving
             ,
             and
             being
             deceived
             .
          
           He
           that
           writ
           the
           Observations
           upon
           His
           Maiesties
           Answers
           and
           Expresses
           had
           so
           much
           ingenuitie
           left
           him
           as
           to
           acknowledge
           ,
           
           that
           
             There
             was
             never
             King
             deposed
             by
             any
             Parliament
             lawfully
             assembled
          
           ;
           and
           that
           the
           Acts
           of
           the
           Parliament
           ,
           
             R.
          
           2.
           were
           not
           so
           properly
           the
           Acts
           of
           the
           two
           Houses
           as
           of
           
             H.
          
           4.
           and
           His
           victorious
           Armie
           .
           But
           this
           man
           being
           not
           ashamed
           to
           licke
           up
           what
           his
           fellow
           vomited
           out
           ,
           presents
           the
           world
           with
           a
           cull
           of
           all
           the
           irregular
           times
           of
           our
           unfortunate
           Princes
           ,
           in
           which
           (
           by
           the
           consent
           of
           all
           men
           )
           the
           Acts
           of
           neither
           side
           are
           to
           be
           drawn
           into
           example
           ,
           and
           bring
           us
           for
           judiciall
           Authorities
           ,
           
           the
           horrid
           facts
           of
           irregular
           power
           ,
           in
           the
           Times
           of
           King
           
             Iohn
             ,
             R.
          
           2.
           
             H.
          
           4.
           
           
             H
          
           6.
           
             &c.
          
           And
           is
           so
           supine
           in
           his
           purpose
           ,
           that
           with
           the
           factious
           Parliaments
           in
           the
           Times
           of
           
             H.
          
           3.
           
           
             E
          
           2.
           and
           
             R.
          
           2.
           (
           which
           he
           cites
           to
           have
           exercised
           authoritie
           over
           Kings
           )
           he
           stickes
           not
           to
           couple
           the
           Rebellions
           in
           the
           North
           ,
           against
           
             H.
          
           4.
           and
           the
           rebellious
           Insurrections
           of
           
             Iacke
             Cade
             ,
             Iacke
             Straw
             ,
             Wat
             Tyler
             ,
          
           Doctour
           
             Mackerell
             ,
             Ket
             ,
          
           and
           others
           ,
           
           as
           Acts
           that
           made
           equall
           proofe
           of
           the
           soveraigne
           power
           of
           the
           Peeres
           and
           Commons
           :
           indeed
           in
           both
           there
           were
           much
           what
           the
           same
           pretences
           ,
           and
           both
           had
           much
           what
           the
           same
           warrant
           .
        
         
           But
           all
           those
           Parliaments
           as
           they
           were
           called
           in
           the
           troublesome
           Times
           of
           Faction
           ,
           and
           Civill
           War
           ,
           so
           were
           they
           ever
           swayed
           by
           those
           that
           were
           the
           Heads
           of
           the
           most
           potent
           Faction
           ,
           and
           while
           they
           alwayes
           acted
           in
           favour
           of
           them
           and
           their
           Designe
           ,
           they
           are
           so
           farre
           from
           being
           instances
           of
           the
           power
           ,
           and
           authoritie
           of
           the
           two
           Houses
           ,
           as
           that
           cleane
           contrary
           ,
           they
           are
           plain
           instances
           of
           the
           weaknesse
           and
           unsteadinesse
           of
           them
           ;
           when
           forsaking
           the
           moderation
           and
           guidance
           of
           their
           naturall
           Head
           ,
           they
           suffered
           themselves
           to
           be
           lead
           by
           the
           private
           conduct
           of
           every
           popular
           pretender
           ;
           
           and
           so
           even
           among
           the
           precedents
           which
           he
           citeth
           ,
           we
           see
           that
           when
           
             Canutus
          
           prevailed
           by
           his
           Armes
           ,
           he
           could
           have
           a
           Parliament
           resolve
           that
           his
           Title
           was
           the
           best
           .
           When
           
             Hen.
          
           4.
           had
           an
           Armie
           of
           60000.
           he
           could
           have
           a
           Parliament
           depose
           
             R.
          
           2.
           and
           conferre
           the
           Crown
           upon
           himselfe
           .
           When
           
             Edw.
          
           Duke
           of
           
             Yorke
          
           grew
           potent
           ,
           he
           could
           have
           a
           Parliament
           be
           the
           instrument
           of
           determining
           the
           Raigne
           of
           
             H.
          
           6.
           and
           leave
           him
           onely
           the
           name
           of
           King
           for
           his
           life
           ,
           
           but
           give
           the
           Duke
           the
           very
           Kingdom
           ,
           under
           the
           names
           of
           Protectour
           and
           Regent
           ,
           
             Edw.
          
           4.
           could
           by
           Parliament
           procure
           
             H
          
           4.
           
             H.
          
           5.
           
           &
           
             H.
          
           6.
           to
           be
           declared
           Kings
           in
           fact
           ,
           but
           not
           in
           right
           :
           
             R.
          
           3.
           though
           an
           Usurper
           ,
           could
           procure
           a
           Parliament
           to
           declare
           him
           a
           lawfull
           King
           .
           
             Henry
          
           7.
           could
           procure
           the
           forementioned
           Acts
           in
           favour
           of
           
             Edw.
          
           4.
           
           &
           .
           
             R.
          
           3.
           to
           be
           adnulled
           .
           
             Hen.
          
           8.
           could
           have
           a
           Parliament
           authorise
           his
           Divorces
           .
           And
           Queen
           
             Elizab.
          
           could
           by
           Parliament
           make
           it
           High
           Treason
           to
           say
           ,
           that
           the
           Queen
           could
           not
           by
           Act
           of
           Parliament
           binde
           and
           dispose
           the
           rights
           and
           Titles
           which
           any
           person
           whatsoever
           might
           have
           to
           the
           Crown
           ;
           when
           yet
           we
           know
           that
           no
           Act
           of
           Parliament
           ,
           no
           not
           an
           Attainder
           by
           Parliament
           ,
           
           can
           disable
           the
           right
           Heire
           to
           the
           Crown
           ,
           because
           the
           descent
           of
           the
           Crown
           upon
           Him
           purges
           all
           disabilities
           whatsoever
           ,
           and
           makes
           Him
           capable
           of
           it
           .
        
         
           This
           is
           the
           summe
           and
           true
           estimate
           of
           all
           the
           Authorities
           which
           he
           cites
           ,
           in
           which
           if
           the
           Acts
           could
           be
           granted
           to
           be
           the
           meer
           Acts
           of
           the
           two
           Houses
           ;
           yet
           did
           they
           no
           more
           prove
           the
           soveraigne
           power
           to
           be
           in
           the
           two
           Houses
           ,
           than
           the
           Popes
           deposing
           of
           Kings
           proves
           the
           right
           of
           deposing
           them
           to
           be
           in
           him
           ,
           that
           the
           things
           were
           done
           ,
           is
           no
           proofe
           that
           they
           were
           lawfully
           done
           :
           and
           yet
           as
           idle
           and
           vile
           a
           collection
           of
           examples
           (
           not
           to
           be
           imitated
           )
           as
           he
           hath
           made
           ,
           
           he
           is
           fain
           to
           belie
           them
           to
           makem
           seem
           to
           serve
           his
           turne
           ;
           for
           truly
           though
           he
           affirmes
           that
           the
           popish
           Parliaments
           ,
           &c
           challenged
           ,
           or
           claimed
           ,
           greater
           jurisdiction
           over
           Kings
           ,
           than
           any
           ever
           since
           ,
           yet
           his
           instances
           prove
           no
           more
           claime
           of
           Soveraignitie
           than
           a
           robber
           claimes
           when
           he
           exercises
           an
           arbitrary
           power
           over
           a
           mans
           person
           and
           fortunes
           :
           what
           they
           did
           they
           did
           
             de
             facto
             ,
          
           upon
           some
           inferiour
           reasons
           ,
           not
           upon
           claime
           of
           the
           Soveraignitie
           ;
           they
           neither
           taught
           ,
           nor
           ever
           learn'd
           that
           Jesuitique
           
             depth
             of
             Sathan
             ,
          
           that
           the
           Soveraignitie
           over
           the
           Soveraigne
           is
           placed
           in
           the
           Bodie
           Representative
           of
           the
           Subject
           .
           All
           claime
           therefore
           of
           either
           the
           Soveraignitie
           it selfe
           ,
           or
           of
           the
           rights
           thereof
           by
           any
           Representative
           of
           the
           Subject
           ,
           is
           a
           transcendent
           impietie
           beyond
           the
           parallell
           of
           all
           his
           unimitable
           examples
           ,
           in
           which
           I
           
           cannot
           but
           the
           more
           wonder
           that
           he
           should
           ascribe
           the
           Acts
           unto
           the
           two
           Houses
           ,
           when
           by
           making
           the
           Acts
           theirs
           ,
           he
           makes
           all
           the
           long
           miserie
           and
           bloodshed
           that
           ensued
           upon
           those
           Acts
           to
           have
           been
           brought
           upon
           the
           Land
           by
           the
           meer
           Act
           of
           the
           two
           Houses
           .
           Considering
           therefore
           the
           every
           way
           faulty
           Argument
           of
           that
           Book
           ,
           both
           in
           citing
           and
           applying
           ,
           I
           am
           forced
           to
           conclude
           with
           the
           same
           words
           that
           in
           the
           frontispice
           of
           his
           Book
           he
           begins
           with
           
             The
             treacherous
             dealers
             have
             dealt
             treacherously
             ;
             yea
             ,
             the
             treacherous
             dealers
             have
             dealt
             exceeding
             treacherously
             .
          
           As
           for
           the
           second
           part
           of
           the
           same
           Author
           that
           came
           since
           forth
           under
           a
           title
           that
           pretends
           to
           shew
           the
           
             lawfulnes
             of
             a
             defensive
             war
          
           ;
           that
           answers
           it selfe
           ,
           that
           it
           comes
           nothing
           to
           the
           case
           in
           question
           ,
           where
           the
           War
           is
           acknowledged
           to
           be
           an
           Invasive
           War
           to
           take
           from
           His
           Majestie
           certain
           Counsellours
           ,
           pretended
           to
           be
           evil
           Counsellours
           .
           If
           possibly
           therefore
           he
           should
           prove
           what
           he
           undertakes
           to
           maintain
           that
           Subjects
           may
           make
           a
           Defensive
           War
           against
           their
           Soveraigne
           ,
           yet
           being
           nothing
           to
           our
           case
           deserves
           at
           all
           no
           answer
           here
           ,
           I
           therefore
           returne
           again
           unto
           my
           purpose
           .
        
         
           That
           the
           Soveraignitie
           (
           with
           all
           the
           rights
           claimed
           by
           His
           Majestie
           )
           is
           in
           the
           King
           inseparably
           inherent
           in
           the
           person
           of
           His
           Majestie
           ;
           
           we
           have
           not
           onely
           the
           forementioned
           testimonies
           and
           reasons
           ,
           but
           we
           have
           the
           witnesse
           of
           the
           two
           Houses
           themselves
           ,
           for
           whom
           our
           deceiving
           Pamphlets
           do
           now
           make
           all
           the
           new
           arguments
           of
           pretence
           .
           For
           first
           ,
           we
           have
           (
           as
           I
           have
           said
           )
           the
           whole
           current
           and
           bodie
           of
           our
           very
           Acts
           of
           Parliament
           acknowledging
           it
           in
           these
           very
           termes
           ,
           
             Our
             Soveraigne
             Lord
             the
             King
             .
          
           
           We
           have
           the
           Parliament
           25.
           
             H.
          
           8
           declaring
           thus
           ,
           
             This
             Your
             Graces
             Realme
             recognizing
             no
             Superiour
             under
             God
             but
             Your
             Grace
             .
          
           
           The
           Parliament
           16.
           
             R.
          
           2.5
           .
           affirming
           
             The
             Crown
             of
             England
             hath
             been
             so
             free
             at
             all
             times
             ▪
             that
             it
             hath
             been
             in
             no
             earthly
             subjection
             ,
             but
             immediately
             to
             God
             ,
             in
             all
             things
             touching
             the
             regalitie
             of
             the
             said
             Crown
             ,
             and
             to
             none
             other
             .
          
           
           In
           the
           25.
           
             H.
          
           5.
           both
           Houses
           declare
           
             That
             it
             belongeth
             to
             the
             Kings
             regalitie
             to
             grant
             or
             denie
             what
             petitions
             in
             Parliament
             he
             pleaseth
             .
          
           
           In
           the
           15.
           
             E.
          
           3.
           
           The
           King
           being
           unwillingly
           drawn
           to
           consent
           to
           certain
           Articles
           prejudiciall
           
           to
           the
           Crown
           ,
           and
           to
           promise
           to
           seale
           the
           Statute
           thereupon
           made
           ,
           least
           otherwise
           his
           affaires
           in
           hand
           might
           have
           been
           ruinated
           .
           Another
           Statute
           the
           same
           year
           reciting
           the
           matter
           enacted
           in
           these
           words
           ,
           
           
             It
             seemed
             to
             the
             said
             Earles
             ,
             Barons
             ,
             and
             otherwise
             men
             ,
             that
             since
             the
             Statute
             did
             not
             of
             Our
             free
             will
             proceed
             ,
             the
             same
             be
             void
             ,
             and
             ought
             not
             to
             have
             the
             name
             nor
             strength
             of
             a
             Statute
             ,
             and
             therefore
             by
             their
             counsaile
             and
             assent
             We
             have
             decreed
             the
             said
             Statute
             to
             be
             void
             ,
             &c.
          
           In
           the
           Statute
           of
           Banishment
           of
           
             H.
             Spencer
             ,
          
           the
           first
           Article
           against
           him
           ,
           is
           for
           making
           a
           Bill
           ,
           wherein
           he
           affirmed
           
             Homage
             and
             alleageance
             to
             the
             King
             is
             more
             by
             reason
             of
             their
             own
             ,
          
           
           
             than
             of
             the
             person
             of
             the
             King
             .
          
           The
           word
           hath
           a
           note
           of
           a
           Parliament
           roll
           Diarie
           of
           
             H.
          
           4.
           
           The
           Commons
           in
           Parliament
           pray
           the
           King
           that
           
             They
             may
             not
             be
             made
             parties
             to
             any
             judgement
             in
             Parliament
             ,
             but
             where
             in
             rei
             veritate
             they
             are
             parties
             ,
             for
             that
             the
             judgement
             belongs
             onely
             to
             the
             King
             ,
             except
             where
             it
             is
             given
             by
             Statute
             .
          
           As
           for
           the
           
             Militia
             ,
          
           the
           Shippes
           and
           Forts
           of
           the
           Kingdom
           .
           The
           King
           and
           His
           Predecessours
           have
           not
           onely
           been
           ever
           in
           possession
           of
           them
           ,
           commanded
           and
           disposed
           of
           them
           even
           during
           the
           sitting
           of
           Parliaments
           ,
           but
           have
           enjoyed
           that
           possession
           without
           any
           claime
           of
           right
           made
           by
           the
           two
           Houses
           ,
           and
           our
           Law
           hath
           not
           a
           surer
           badge
           of
           right
           than
           continuall
           and
           unquestioned
           possession
           .
           Besides
           ,
           the
           Parliament
           it selfe
           ,
           7.
           
             E.
          
           1.
           declares
           unto
           the
           King
           ,
           that
           
             To
             him
             of
             right
             belongs
             straightly
             to
             defend
          
           (
           that
           is
           ,
           
           to
           forbid
           )
           
             all
             force
             of
             Armes
             ,
             and
             thereunto
             they
             are
             bound
             to
             assist
             him
             as
             their
             Soveraigne
             Lord
             .
          
           The
           Statute
           11.
           
             H.
          
           7
           18.
           reciteth
           ,
           
           
             Where
             every
             Subject
             by
             the
             dutie
             of
             his
             Alleageance
             is
             bound
             to
             serve
             assist
             his
             Prince
             and
             Soveraigne
             Lord
             at
             all
             seasons
             when
             need
             shall
             require
             ,
             &c.
          
           In
           the
           3.
           of
           
             Edw.
          
           3.
           
           The
           House
           of
           Commons
           disclaime
           the
           having
           cognizance
           of
           such
           matters
           ,
           as
           the
           guarding
           of
           the
           Seas
           and
           Marches
           of
           the
           Kingdom
           .
           And
           by
           the
           Statute
           25.
           
             E.
          
           3.2
           .
           It
           is
           made
           High
           Treason
           for
           any
           to
           meddle
           with
           the
           
             Militia
             ,
          
           so
           farre
           as
           
             To
             levie
             Warre
             against
             the
             King
             ,
             or
             to
             aide
             them
             that
             do
             it
             .
          
           And
           we
           all
           know
           that
           to
           levie
           Warre
           without
           Commission
           from
           the
           King
           ,
           or
           to
           give
           aide
           unto
           it
           ,
           is
           by
           our
           Law
           to
           levie
           War
           ,
           and
           give
           aide
           
             against
             our
             
             Soveraigne
             Lord
             the
             King
             ,
             His
             Crown
             and
             Dignitie
             .
          
           And
           we
           never
           knew
           of
           any
           exception
           out
           of
           that
           Law
           in
           case
           the
           Warre
           were
           levied
           by
           Authoritie
           of
           the
           two
           Houses
           ?
           And
           when
           we
           have
           not
           in
           our
           power
           to
           search
           the
           Parliament
           rols
           for
           clearing
           these
           things
           .
           If
           (
           besides
           our
           published
           Statutes
           )
           our
           Law-bookes
           have
           any
           authoritie
           ,
           
           we
           have
           not
           onely
           
             Bracton
          
           (
           whom
           they
           insist
           upon
           )
           but
           other
           authentique
           Law-bookes
           concurring
           with
           him
           who
           all
           speaking
           of
           the
           King
           and
           the
           Houses
           do
           expresly
           say
           ,
           that
           seeing
           
             The
             King
             hath
             no
             Peere
             ,
             The
             King
             cannot
             be
             iudged
             by
             them
             .
          
           So
           that
           whatsoever
           authoritie
           is
           in
           the
           constant
           practice
           of
           the
           Kingdom
           ,
           and
           whatsoever
           authoritie
           in
           the
           known
           and
           published
           Lawes
           and
           Statutes
           ,
           all
           do
           conclude
           the
           Soveraignitie
           in
           the
           person
           of
           the
           King
           ,
           and
           the
           alleageance
           ,
           faith
           ,
           obedience
           of
           the
           Subject
           even
           of
           the
           Subject
           virtually
           united
           in
           the
           Bodie
           Representative
           ,
           to
           be
           inevitably
           devinct
           and
           obliged
           to
           the
           person
           of
           the
           King
           .
        
         
           The
           Soveraignitie
           both
           of
           the
           frame
           of
           the
           State
           and
           positive
           Lawes
           of
           the
           Kingdome
           being
           fixed
           in
           the
           person
           of
           the
           King
           ,
           and
           the
           Alleageance
           of
           the
           Subject
           by
           Law
           inevitably
           thither
           assigned
           ,
           then
           comes
           in
           Religion
           ,
           and
           fortifies
           ,
           and
           enforces
           all
           those
           bonds
           of
           dutie
           and
           obedience
           ,
           and
           that
           under
           the
           severe
           menace
           of
           damnation
           ,
           which
           when
           it
           is
           in
           divers
           precepts
           and
           examples
           (
           well
           known
           unto
           us
           )
           abundantly
           set
           forth
           in
           the
           Scriptures
           .
           It
           will
           not
           be
           safe
           for
           us
           to
           let
           slip
           the
           consideration
           of
           two
           examples
           especially
           .
        
         
           The
           Children
           of
           
             Israel
          
           being
           redeemed
           out
           of
           
             Egypt
             ,
          
           baptized
           in
           the
           Red
           Sea
           ,
           and
           brought
           for
           triall
           into
           the
           wildernesse
           as
           they
           were
           the
           type
           of
           the
           Church
           of
           God
           in
           all
           Kingdomes
           whatsoever
           in
           this
           world
           :
           so
           
             Moses
          
           their
           Governour
           was
           the
           type
           of
           that
           regall
           power
           under
           which
           the
           Church
           of
           God
           in
           this
           world
           was
           generally
           to
           be
           governed
           :
           so
           as
           though
           he
           were
           not
           a
           King
           in
           point
           of
           interest
           ,
           (
           for
           the
           people
           were
           not
           yet
           in
           the
           Countrey
           that
           was
           to
           be
           the
           Kingdom
           ,
           neither
           was
           
             Moses
          
           of
           the
           Tribe
           to
           whom
           the
           Kingdom
           was
           promised
           )
           yet
           (
           saith
           the
           Text
           )
           
             He
             was
             King
             when
             the
             heads
             of
             the
             people
             were
             assembled
             .
          
           
           
           
             Moses
          
           so
           personating
           the
           kingly
           Office
           ,
           when
           as
           yet
           there
           was
           no
           expresse
           command
           concerning
           obedience
           and
           subjection
           ,
           more
           than
           
             Honour
             thy
             father
             and
             thy
             mother
             ,
             and
             he
             that
             curseth
             father
             or
             mother
             let
             him
             die
             the
             death
             .
          
           It
           happened
           that
           
             Corah
             ,
             Dathan
             ,
          
           and
           
             Abiram
          
           rebelled
           against
           him
           ,
           and
           their
           rebellion
           was
           but
           this
           :
           they
           in
           the
           behalfe
           of
           the
           Congregation
           of
           the
           Lord
           ,
           because
           that
           it
           
             was
             holy
             every
             one
             of
             them
             ,
          
           
           
             and
             the
             Lord
             among
             them
             ,
          
           question
           
             Moses
          
           his
           Soveraignitie
           ,
           charge
           him
           and
           
             Aaron
          
           that
           they
           exalted
           themselves
           above
           the
           Congregation
           of
           the
           Lord
           ,
           and
           that
           
             Moses
          
           had
           not
           kept
           touch
           with
           them
           to
           bring
           them
           to
           a
           Land
           that
           flowed
           with
           milke
           and
           honey
           ,
           but
           sought
           to
           starve
           them
           in
           the
           wildernesse
           ,
           while
           blinding
           the
           eyes
           of
           the
           people
           he
           might
           in
           the
           mean
           time
           make
           himselfe
           a
           Prince
           over
           them
           ,
           and
           out
           of
           jealousie
           of
           this
           they
           refused
           obedience
           to
           
             Moses
             ,
          
           
           and
           would
           not
           come
           at
           him
           when
           he
           sent
           to
           call
           them
           ,
           and
           so
           much
           was
           their
           cause
           believed
           to
           be
           just
           and
           right
           :
           as
           that
           they
           were
           seconded
           with
           
             two
             hundred
             and
             fifty
             Princes
             of
             the
             Assemblie
             famous
             in
             the
             Congregation
          
           :
           
           all
           of
           them
           so
           confident
           ,
           that
           they
           durst
           joyne
           issue
           with
           
             Moses
             ,
          
           and
           put
           themselves
           upon
           triall
           by
           Gods
           immediate
           judgement
           in
           the
           case
           ,
           and
           they
           were
           also
           backed
           with
           many
           thousands
           of
           the
           people
           .
           This
           was
           the
           Rebellion
           :
           the
           Judgement
           we
           all
           know
           to
           be
           most
           exemplar
           Judgement
           that
           ever
           was
           given
           in
           any
           case
           .
           The
           Heads
           of
           the
           Rebellion
           
             Corah
             ,
             Dathan
             ,
          
           and
           
             Abiram
             ,
          
           with
           their
           wives
           ,
           their
           children
           ,
           and
           all
           their
           substance
           ,
           were
           swallowed
           up
           of
           the
           earth
           ,
           they
           
             went
             down
             quicke
             into
             Hell
          
           (
           saith
           the
           Psalmist
           .
           
           )
           The
           two
           hundred
           and
           fifty
           that
           invaded
           the
           holy
           Office
           were
           slain
           with
           fire
           from
           Heaven
           ,
           and
           fourteen
           thousand
           and
           seven
           hundred
           of
           the
           people
           (
           that
           favoured
           their
           attempts
           and
           murmured
           at
           the
           Judgement
           )
           were
           in
           an
           instant
           (
           in
           lesse
           than
           
             Aaron
          
           could
           get
           his
           Censer
           with
           fire
           from
           the
           Altar
           and
           run
           among
           them
           )
           consumed
           in
           a
           speedy
           plague
           .
        
         
           It
           will
           be
           objected
           that
           
             Moses
          
           was
           a
           man
           of
           extraordinary
           calling
           ,
           and
           that
           Rebellion
           against
           an
           ordinary
           Governour
           (
           though
           a
           soveraigne
           King
           )
           is
           not
           like
           Rebellion
           against
           a
           Governour
           
           of
           so
           extraordinary
           calling
           and
           priviledge
           ;
           all
           that
           granted
           ,
           yet
           this
           exemplar
           Judgement
           comes
           home
           to
           manifest
           the
           hainous
           sin
           of
           rebelling
           against
           Kings
           at
           this
           day
           .
        
         
           
             Moses
          
           had
           an
           extraordinary
           calling
           ,
           he
           could
           not
           else
           have
           been
           a
           type
           of
           regal
           Authoritie
           ,
           
           but
           in
           type
           
             He
             was
             King
             when
             the
             heads
             of
             the
             people
             were
             assembled
             .
          
           He
           had
           the
           Priest
           made
           subordinate
           to
           him
           ,
           
             He
             shall
             be
             unto
             thee
             instead
             of
             a
             mouth
             ,
          
           
           
             and
             thou
             shalt
             be
             unto
             him
             instead
             of
             God
             .
          
           And
           had
           the
           Magistracie
           ,
           derived
           from
           his
           Authoritie
           ,
           to
           beare
           the
           burthen
           with
           him
           ,
           
           
             God
             took
             off
             the
             spirit
             that
             was
             upon
             him
             ,
             and
             put
             it
             upon
             the
             seventie
             two
             Elders
             .
          
           So
           
             Moses
          
           was
           clearly
           endued
           with
           regall
           power
           ;
           and
           for
           trangression
           against
           that
           very
           Authoritie
           of
           his
           was
           the
           Judgement
           made
           so
           exemplar
           .
           It
           could
           not
           be
           exemplar
           in
           regard
           of
           any
           other
           Authoritie
           which
           he
           had
           then
           ,
           and
           no
           other
           since
           either
           had
           or
           could
           have
           :
           but
           that
           we
           may
           know
           the
           Judgement
           was
           exemplar
           against
           Rebellion
           ,
           against
           regall
           Dominion
           ,
           which
           would
           often
           be
           committed
           in
           the
           later
           dayes
           ,
           the
           holy
           Ghost
           speaking
           against
           the
           seducers
           &
           deceivers
           wch
           in
           
             the
             later
             dayes
          
           should
           make
           
             perilous
             times
             ,
          
           describes
           them
           not
           onely
           by
           being
           
             Cursed
             speakers
             ,
             disobedient
             to
             parents
          
           ;
           (
           that
           is
           ,
           
           as
           well
           to
           Civil
           parents
           as
           Natural
           )
           
             traiterous
             ,
             headie
             ,
             high-minded
             ,
             resisting
             the
             truth
             :
          
           like
           them
           that
           resisted
           
             Moses
             ;
             Despising
             Dominion
             ,
             despising
             Government
             ,
             speaking
             evill
             of
             Dignities
             ,
             of
             those
             that
             are
             in
             Authoritie
             ,
             of
             those
             things
             which
             they
             know
             not
             ,
             &c.
          
           but
           by
           this
           likewise
           that
           
             They
             perish
             in
             the
             gainsaying
             of
             Corah
             .
          
           The
           other
           example
           is
           that
           of
           
             David
             .
             Saul
          
           was
           a
           wicked
           apostate
           King
           ,
           
           from
           whom
           
             The
             Spirit
             of
             God
          
           (
           the
           inward
           anointing
           )
           
             was
             departed
             .
             Saul
             reiected
             from
             raigning
             over
             Israel
             .
          
           So
           by
           God
           himselfe
           declared
           .
           
             David
          
           in
           his
           stead
           by
           
             God
             provided
             to
             be
             King
          
           :
           and
           to
           that
           end
           by
           Gods
           command
           anointed
           ;
           by
           all
           which
           
             David's
          
           priviledge
           then
           was
           more
           above
           the
           priviledge
           of
           all
           Subjects
           now
           ,
           than
           
             Saul's
          
           priviledge
           of
           that
           time
           was
           above
           the
           priviledge
           of
           Kings
           at
           this
           day
           ;
           and
           yet
           
             David
          
           for
           all
           those
           circumstances
           so
           much
           authorising
           him
           ,
           and
           dis-authorising
           
             Saul
             ,
          
           did
           not
           know
           
             Who
             could
             lay
             his
             hands
             upon
             the
             Lords
             Anointed
             and
             be
             guiltlesse
             .
          
           Nay
           ,
           
           he
           did
           but
           lay
           his
           hand
           upon
           
           
             Saul's
          
           garment
           to
           cut
           off
           the
           lap
           for
           a
           testimonie
           of
           his
           loyaltie
           ,
           
           and
           innocent
           intention
           toward
           
             Saul
             ,
          
           and
           yet
           even
           for
           that
           (
           saith
           the
           Text
           )
           
             his
             heart
             smote
             him
          
           ;
           that
           he
           cried
           out
           ,
           
             The
             Lord
             forbid
             I
             should
             do
             that
             thing
             to
             my
             Master
             ,
             to
             lay
             mine
             hand
             upon
             the
             Lords
             Anointed
             :
          
           his
           reason
           we
           may
           know
           in
           the
           other
           words
           of
           his
           ,
           
             The
             Lord
             shall
             smite
             him
             ,
             or
             his
             day
             shall
             come
             to
             die
             ,
             or
             he
             shall
             descend
             into
             battaile
             ,
             and
             perish
             :
             the
             Lord
             keep
             me
             from
             laying
             mine
             hand
             upon
             him
          
           :
           plainly
           inferring
           ,
           that
           to
           call
           Princes
           to
           account
           belongs
           onely
           to
           God
           :
           that
           God
           hath
           time
           and
           wayes
           of
           his
           own
           to
           do
           it
           in
           ,
           and
           will
           do
           it
           :
           and
           that
           therefore
           man
           must
           not
           meddle
           with
           the
           doing
           of
           it
           :
           for
           if
           anointed
           
             David
          
           might
           not
           intermeddle
           with
           rejected
           
             Saul
             ,
          
           much
           lesse
           may
           common
           Subjects
           meddle
           with
           their
           unrejected
           Soveraignes
           .
           Sufficiently
           therefore
           do
           these
           examples
           shew
           the
           heinousnesse
           of
           Subiects
           lifting
           up
           themselves
           ,
           and
           resisting
           the
           person
           of
           their
           Soveraigne
           ,
           upon
           what
           pretence
           soever
           .
        
         
           Now
           while
           the
           severitie
           of
           these
           examples
           ,
           and
           other
           passages
           of
           Scripture
           ,
           iustly
           striking
           terrour
           into
           every
           soule
           ,
           does
           make
           us
           wonder
           what
           great
           straight
           of
           humane
           affaires
           could
           be
           so
           violent
           an
           impulsive
           with
           us
           ,
           as
           to
           make
           Christian
           Subiects
           contrary
           to
           sworne
           Faith
           ,
           to
           Law
           ,
           and
           to
           Religion
           ,
           not
           onely
           disobey
           their
           Soveraigne
           ,
           but
           resist
           ,
           invade
           the
           soveraigne
           rights
           ,
           and
           imploy
           their
           Soveraignes
           
             Militia
             ,
          
           Shippes
           ,
           Forts
           ,
           Armes
           ,
           Treasure
           ,
           yea
           and
           his
           own
           sworne
           Subiects
           too
           against
           Him
           ;
           truly
           all
           that
           the
           most
           searching
           thought
           can
           finde
           to
           secure
           his
           conscience
           with
           ,
           against
           the
           horrour
           of
           so
           foule
           a
           guilt
           ,
           is
           ,
           that
           otherwise
           we
           feare
           (
           or
           pretend
           to
           feare
           )
           that
           His
           Maiestie
           ,
           seduced
           by
           evill
           Counsellours
           ,
           by
           popishly
           affected
           Prelates
           ,
           Courtiers
           ,
           and
           Cavaliers
           ,
           should
           destroy
           our
           Law
           ,
           our
           Parliaments
           ,
           our
           established
           Forme
           of
           Government
           ,
           and
           change
           them
           into
           tyrannnie
           ,
           and
           the
           true
           Protestant
           Religion
           into
           Poperie
           .
           This
           ,
           this
           Feare
           or
           pretence
           of
           Fear
           alone
           is
           all
           the
           warrant
           we
           can
           finde
           for
           our
           unparallelled
           proceedings
           against
           our
           Soveraigne
           .
           And
           if
           this
           before
           the
           Tribunall
           of
           God
           ,
           and
           of
           our
           own
           Lawes
           be
           not
           sufficient
           for
           our
           excuse
           ,
           then
           have
           we
           
           nothing
           to
           discharge
           us
           of
           the
           guilt
           of
           publique
           violence
           ,
           robberie
           ,
           murder
           ,
           periurie
           ,
           treason
           ,
           resistance
           of
           the
           Ordinance
           of
           God
           ,
           and
           of
           forcing
           others
           against
           their
           consciences
           by
           act
           or
           aid
           to
           resist
           with
           us
           .
           Now
           all
           these
           evils
           are
           universally
           committed
           all
           over
           the
           Kingdome
           ,
           and
           all
           these
           evils
           upon
           no
           other
           warrant
           done
           ,
           than
           that
           the
           good
           of
           Reformation
           (
           as
           is
           pretended
           )
           may
           come
           thereon
           .
           So
           make
           we
           the
           Word
           of
           God
           of
           none
           effect
           ,
           while
           we
           entertain
           and
           preferre
           the
           Jesuitique
           tradition
           before
           it
           ,
           and
           maintain
           that
           what
           is
           for
           the
           good
           of
           the
           Church
           must
           be
           done
           ,
           notwithstanding
           any
           bonds
           of
           dutie
           ,
           of
           Faith
           ,
           or
           Oath
           whatsoever
           to
           the
           contrary
           .
        
         
           And
           if
           we
           examine
           the
           grounds
           of
           this
           Feare
           ,
           and
           what
           iust
           suspition
           and
           probabilitie
           of
           such
           an
           innovation
           ,
           as
           is
           pretended
           to
           be
           feared
           ,
           is
           given
           .
           We
           see
           for
           our
           assurance
           to
           the
           contrary
           ,
           that
           His
           Maiestie
           (
           after
           once
           He
           was
           truly
           informed
           of
           our
           grievances
           )
           condescended
           not
           onely
           to
           give
           us
           ease
           of
           them
           ,
           but
           to
           make
           His
           Acts
           of
           Grace
           in
           them
           at
           once
           exceed
           the
           Acts
           of
           all
           His
           Predecessours
           since
           the
           granting
           of
           our
           
             Magna
             Charta
          
           ;
           and
           did
           not
           onely
           in
           present
           relieve
           our
           sufferings
           ,
           but
           (
           often
           invoking
           the
           Sacred
           Maiestie
           of
           God
           ,
           as
           a
           severe
           Witnesse
           of
           His
           purpose
           for
           the
           time
           to
           come
           )
           tie
           Himselfe
           for
           ever
           to
           settle
           matters
           of
           Religion
           according
           to
           the
           purest
           times
           of
           the
           Protestant
           Church
           of
           
             England
          
           (
           with
           such
           ease
           for
           tender
           Consciences
           ,
           as
           by
           a
           lawfull
           iudgement
           of
           the
           Clergie
           should
           be
           iudged
           fit
           )
           and
           to
           governe
           according
           to
           the
           known
           Lawes
           of
           the
           Land
           .
           Here
           is
           little
           signe
           of
           one
           led
           by
           evill
           counsaile
           ,
           or
           of
           a
           minde
           that
           would
           subdue
           Law
           &
           Religion
           to
           the
           satisfaction
           of
           His
           private
           will
           .
           This
           shewes
           our
           Fear
           to
           be
           both
           groundles
           and
           wicked
           ;
           and
           indeed
           ,
           after
           this
           if
           iealousie
           it selfe
           could
           yet
           make
           scruple
           of
           any
           thing
           ,
           how
           easie
           were
           it
           for
           the
           wisdome
           of
           the
           Bodie
           Representative
           ,
           by
           preparing
           a
           Law
           of
           severitie
           against
           the
           instruments
           of
           innovation
           ,
           exposing
           their
           persons
           and
           fortunes
           to
           certain
           ruine
           ,
           nullifying
           the
           innovations
           themselves
           ,
           and
           discharging
           the
           Subiect
           from
           all
           obedience
           and
           conformitie
           unto
           them
           ,
           to
           have
           secured
           the
           Kingdom
           against
           all
           manner
           of
           fear
           
           in
           that
           kinde
           ,
           when
           as
           His
           Majestie
           freely
           offers
           His
           Gracious
           assent
           to
           any
           Act
           that
           should
           in
           that
           behalfe
           be
           necessary
           .
        
         
           But
           (
           if
           what
           cause
           ,
           what
           ground
           ,
           what
           reason
           of
           dutie
           soever
           we
           finde
           ,
           though
           constantly
           and
           universally
           received
           for
           true
           ,
           both
           by
           the
           judgement
           of
           our
           Law
           ,
           and
           by
           the
           authoritie
           of
           our
           Religion
           ,
           we
           must
           notwithstanding
           reject
           all
           to
           believe
           the
           all
           concluding
           judgement
           of
           the
           Bodie
           Representative
           ,
           whom
           we
           never
           knew
           to
           have
           such
           Supremacie
           of
           iudgement
           ,
           till
           it selfe
           bearing
           witnesse
           of
           it selfe
           did
           tell
           us
           so
           )
           it
           cannot
           yet
           but
           make
           much
           to
           the
           satisfaction
           of
           the
           conscience
           ,
           to
           examine
           how
           well
           the
           two
           Houses
           ,
           now
           sitting
           ,
           do
           attain
           the
           condition
           of
           a
           full
           and
           free
           Assemblie
           of
           the
           two
           Houses
           of
           Parliament
           ,
           that
           pretend
           to
           have
           such
           iudgement
           .
        
         
           And
           first
           it
           is
           known
           that
           the
           House
           of
           Commons
           now
           sitting
           ,
           however
           elected
           ,
           was
           never
           yet
           perfected
           by
           a
           right
           determination
           of
           Elections
           ,
           but
           that
           some
           set
           as
           Members
           there
           that
           ought
           not
           to
           have
           been
           returned
           ,
           and
           some
           are
           not
           received
           that
           yet
           were
           rightly
           chosen
           ,
           some
           are
           excluded
           for
           having
           hands
           in
           Monopolies
           ,
           and
           proiects
           ;
           and
           others
           (
           as
           much
           interessed
           in
           them
           )
           for
           their
           assured
           affection
           reteined
           :
           the
           greatest
           part
           of
           both
           Houses
           ,
           by
           meanes
           of
           popular
           menacings
           ,
           tumults
           ,
           poasting
           up
           of
           names
           ,
           branding
           men
           with
           the
           name
           of
           Malignants
           ,
           (
           things
           never
           known
           before
           in
           Parliaments
           )
           and
           again
           undeserved
           expellings
           from
           the
           House
           ,
           or
           imprisonings
           ,
           have
           been
           so
           over-awed
           ,
           that
           they
           have
           been
           forced
           to
           suppresse
           their
           Votes
           ,
           to
           give
           them
           contrary
           to
           their
           iudgements
           ,
           to
           hide
           themselves
           ,
           or
           to
           flie
           from
           the
           Houses
           ;
           the
           residue
           of
           both
           Houses
           ,
           (
           and
           among
           them
           the
           Knights
           and
           Burgesses
           which
           the
           Countries
           sent
           to
           reside
           in
           Parliament
           ,
           that
           there
           the
           whole
           Representative
           advising
           together
           ,
           might
           with
           the
           more
           safetie
           Vote
           and
           consent
           for
           us
           )
           they
           make
           over
           their
           Countries
           trust
           to
           a
           few
           Committees
           of
           their
           own
           ,
           and
           wholly
           betake
           themselves
           to
           martiall
           Offices
           and
           imployments
           ,
           exercising
           in
           them
           a
           new
           found
           arbitrary
           power
           over
           those
           that
           sent
           them
           .
           And
           then
           the
           remainder
           of
           the
           Peeres
           and
           Commons
           (
           which
           are
           
           scarce
           a
           fourth
           part
           of
           them
           )
           call
           themselves
           the
           Parliament
           ,
           and
           all
           the
           known
           rights
           of
           Soveraignitie
           does
           this
           Epitome
           of
           Parliament
           assume
           unto
           themselves
           and
           exercise
           ;
           yea
           ,
           the
           House
           of
           Commons
           alone
           (
           notwithstanding
           their
           Protestation
           to
           God
           for
           the
           Defence
           of
           the
           Lawes
           and
           Libertie
           of
           the
           Subject
           )
           by
           warrant
           under
           their
           Speakers
           hand
           ,
           beyond
           all
           Law
           and
           example
           ,
           imprison
           Subjects
           ,
           that
           were
           never
           Members
           of
           their
           House
           ,
           and
           deny
           them
           their
           
             Habeas
             Corpus
             .
          
           And
           not
           onely
           invade
           the
           Libertie
           of
           the
           Commons
           ,
           but
           presse
           upon
           the
           House
           of
           Lords
           ,
           the
           voting
           of
           things
           which
           in
           a
           full
           House
           they
           had
           before
           ,
           upon
           mature
           advice
           ,
           orderly
           rejected
           .
           They
           seconded
           a
           tumultuous
           Petition
           that
           demanded
           the
           names
           of
           the
           Lords
           that
           had
           dissented
           from
           the
           Commons
           House
           ,
           though
           the
           dissenters
           were
           the
           
             major
          
           part
           of
           the
           House
           of
           Lords
           .
           This
           Epitome
           of
           Parliament
           hath
           taught
           that
           which
           never
           Parliament
           knew
           before
           ,
           That
           their
           Members
           may
           not
           without
           the
           Order
           of
           their
           House
           be
           restrained
           ,
           no
           not
           for
           Treason
           .
           And
           ,
           professing
           tender
           care
           of
           the
           Kings
           Honour
           and
           safetie
           ,
           hath
           authorised
           Bookes
           ,
           
           wherein
           His
           Soveraignitie
           is
           made
           subject
           to
           the
           Representative
           of
           His
           Subiects
           ,
           and
           wherein
           the
           deposing
           of
           our
           English
           Kings
           by
           their
           Subiects
           is
           declared
           warrantable
           ;
           and
           upon
           the
           authoritie
           and
           warrant
           of
           this
           Parliament
           must
           the
           poor
           Christian
           Subiect
           that
           is
           under
           their
           power
           (
           against
           his
           Conscience
           )
           act
           and
           give
           aide
           to
           the
           Armie
           ,
           which
           against
           the
           Kings
           expresse
           Command
           and
           Proclamations
           they
           have
           levied
           ;
           when
           though
           conscious
           horrour
           and
           shame
           will
           not
           suffer
           it
           to
           be
           acknowledged
           to
           be
           raised
           against
           the
           King
           ;
           yet
           are
           their
           Souldiers
           sure
           they
           shall
           meet
           with
           no
           other
           opposite
           than
           with
           their
           rightfull
           Soveraigne
           ,
           and
           His
           Followers
           arming
           for
           the
           safetie
           of
           His
           Person
           ,
           for
           defence
           of
           the
           iust
           rights
           of
           the
           Crown
           ,
           for
           the
           due
           Priviledges
           of
           the
           first
           of
           the
           three
           Orders
           of
           Parliament
           ,
           and
           for
           the
           necessary
           power
           wherewith
           He
           is
           to
           protect
           Religion
           ,
           Lawes
           ,
           and
           Subiects
           of
           His
           Kingdom
           .
           Who
           that
           makes
           conscience
           of
           what
           he
           does
           ,
           as
           one
           that
           must
           make
           account
           for
           it
           before
           the
           
           great
           Tribunal
           (
           where
           a
           little
           integritie
           (
           though
           now
           despised
           )
           and
           a
           little
           innocence
           of
           cause
           shall
           bring
           one
           more
           support
           than
           either
           King
           on
           the
           one
           side
           ,
           or
           Parliament
           on
           the
           other
           ,
           or
           Armie
           on
           either
           side
           )
           who
           (
           I
           say
           )
           thereof
           mindfull
           ,
           can
           against
           the
           thousand
           witnesses
           of
           his
           conscience
           ,
           recede
           from
           the
           dutie
           which
           all
           his
           life
           ,
           till
           now
           ,
           hath
           both
           by
           Law
           and
           Christian
           Religion
           been
           inculcate
           to
           him
           ,
           and
           reiecting
           all
           ,
           cast
           himselfe
           soule
           ,
           bodie
           ,
           and
           fortunes
           ,
           wholly
           upon
           the
           new-found
           warrant
           of
           strangely
           conditioned
           apparition
           of
           Parliament
           .
        
         
           These
           ,
           and
           other
           particulars
           that
           may
           be
           instanced
           in
           ,
           take
           off
           the
           confidence
           and
           repose
           that
           one
           would
           otherwise
           have
           in
           the
           two
           Houses
           ,
           especially
           when
           they
           (
           setting
           on
           foot
           claimes
           and
           pretences
           ,
           not
           agreeing
           with
           the
           dutie
           that
           men
           from
           their
           youth
           have
           found
           their
           consciences
           ever
           bound
           unto
           )
           go
           not
           the
           faire
           and
           open
           way
           of
           satisfaction
           ,
           to
           have
           in
           so
           high
           concernments
           the
           Parliament
           Rolls
           as
           freely
           and
           fully
           searched
           on
           the
           Kings
           behalfe
           ,
           as
           on
           the
           Parliaments
           ,
           and
           to
           have
           their
           new
           and
           strange
           learning
           ,
           as
           freely
           argued
           by
           the
           Kings
           Councell
           ,
           and
           by
           the
           Judges
           ,
           as
           by
           the
           instruments
           of
           the
           Parliament
           :
           but
           as
           the
           Papacie
           ,
           in
           invading
           the
           Soveraignitie
           of
           the
           Church
           ,
           Voted
           her selfe
           into
           the
           Supremacie
           ,
           and
           then
           suppressed
           all
           examination
           of
           the
           Truth
           by
           damning
           all
           Writings
           to
           the
           contrary
           ,
           and
           branding
           the
           Authours
           and
           users
           of
           them
           with
           the
           name
           of
           Heretickes
           :
           So
           we
           invading
           the
           Soveraignitie
           of
           our
           own
           State
           ,
           Vote
           our selves
           into
           it
           ,
           brand
           with
           the
           name
           of
           Malignants
           ,
           all
           that
           concurre
           not
           with
           us
           in
           it
           ,
           interdict
           them
           the
           freedome
           of
           search
           and
           discoverie
           of
           the
           Truth
           ,
           and
           damne
           their
           Writings
           as
           scandalous
           and
           seditious
           Pamphlets
           ;
           and
           so
           making
           them
           Vote-convicted
           State
           Heretickes
           ,
           We
           thenceforth
           hold
           no
           Faith
           nor
           Truth
           to
           be
           kept
           toward
           them
           ,
           but
           prosecute
           them
           as
           Enemies
           to
           the
           State
           ,
           for
           no
           other
           offence
           but
           because
           we
           have
           made
           them
           Malignants
           ,
           popishly
           affected
           ,
           dissolute
           ,
           desperate
           ,
           blood-sucking
           Cavaliers
           and
           plunderers
           .
        
         
           Yet
           truly
           ,
           if
           we
           consider
           the
           qualitie
           of
           them
           that
           adhere
           unto
           His
           Maiestie
           and
           to
           His
           Cause
           do
           now
           lie
           under
           that
           censure
           ,
           
           we
           shall
           finde
           them
           the
           flower
           and
           greater
           part
           of
           our
           Nobilitie
           and
           Gentrie
           of
           the
           Kingdome
           ,
           the
           greater
           part
           of
           His
           Majesties
           Honourable
           Privie
           Counsell
           ,
           yea
           and
           of
           His
           Great
           Councell
           too
           ,
           even
           of
           the
           Peeres
           and
           Commons
           ,
           the
           chiefe
           of
           the
           Judges
           ,
           and
           with
           them
           the
           opinion
           of
           the
           residue
           even
           of
           that
           whole
           Profession
           ,
           the
           spirits
           and
           prayers
           of
           the
           farre
           greatest
           part
           of
           the
           Clergie
           ,
           and
           the
           hearts
           of
           the
           greater
           part
           of
           the
           most
           substantiall
           men
           of
           the
           Commonaltie
           ,
           whose
           soule
           and
           conscience
           ,
           presented
           with
           the
           consideration
           of
           these
           things
           ,
           would
           not
           shrinke
           with
           inward
           horrour
           to
           thinke
           he
           should
           either
           attempt
           or
           give
           aide
           to
           the
           cutting
           off
           (
           not
           like
           
             David
             ,
          
           of
           a
           lap
           of
           his
           Soveraignes
           ordinary
           garment
           )
           but
           of
           this
           lively
           apparrell-politique
           of
           his
           Soveraigne
           ,
           wherewith
           for
           safetie
           ,
           as
           well
           as
           ornament
           ,
           His
           Majestie
           is
           now
           begirt
           ;
           nay
           ,
           to
           cut
           off
           the
           very
           limbes
           of
           his
           Civill
           bodie
           ,
           and
           not
           without
           eminent
           danger
           to
           His
           Sacred
           Person
           ,
           how
           loud
           and
           frightfull
           would
           the
           spirit
           of
           
             David
          
           crie
           in
           the
           eares
           of
           his
           guilty
           conscience
           ,
           
             The
             Lord
             forbid
             I
             should
             do
             this
             thing
             to
             lift
             up
             my
             hand
             against
             the
             Lords
             Anointed
             .
          
        
         
           O
           ,
           but
           Religion
           is
           now
           at
           stake
           ,
           and
           it
           is
           not
           to
           be
           believed
           that
           popishly
           affected
           Counsellours
           and
           Commanders
           with
           the
           helpe
           of
           a
           popish
           Armie
           should
           so
           much
           forsake
           their
           own
           ends
           as
           to
           fight
           for
           Establishment
           of
           the
           true
           Protestant
           Religion
           :
           truly
           it
           is
           sincerely
           confessed
           ,
           it
           is
           not
           likely
           ,
           and
           therefore
           I
           shall
           never
           believe
           that
           the
           Designe
           of
           Reforming
           our
           Religion
           by
           the
           hands
           of
           Brownists
           ,
           Anabaptists
           ,
           and
           Sectaries
           ,
           (
           which
           by
           a
           constant
           and
           credible
           report
           ,
           is
           believed
           to
           have
           been
           so
           much
           fostered
           and
           advanced
           by
           the
           Cardinall
           
             Richelieu
          
           and
           the
           late
           French
           Embassadour
           ,
           as
           that
           
             Chambers
          
           the
           Cardinals
           Secretarie
           was
           on
           purpose
           sent
           into
           the
           
             Scotish
          
           Armie
           here
           in
           
             England
          
           )
           was
           ever
           with
           intent
           of
           Establishing
           the
           true
           Protestant
           Religion
           ,
           or
           that
           for
           the
           Protestant
           Religions
           sake
           ,
           the
           death
           of
           the
           Cardinall
           was
           by
           some
           of
           our
           active
           Parliament
           men
           (
           in
           our
           hearing
           )
           lamented
           as
           of
           a
           great
           friend
           of
           the
           Parliament
           ,
           or
           that
           the
           great
           correspondence
           and
           intercourse
           observed
           
           to
           be
           between
           the
           late
           French
           Embassadour
           and
           Master
           
             Pym
             ,
          
           was
           for
           the
           advancement
           of
           the
           Protestant
           Religion
           .
           But
           where
           is
           any
           popish
           Armie
           ,
           under
           the
           conduct
           of
           popish
           Commanders
           ,
           that
           ,
           according
           to
           the
           Designe
           of
           popish
           Counsellours
           ,
           is
           likely
           to
           oppresse
           the
           Protestants
           ,
           and
           advance
           Poperie
           ?
           Certainly
           ,
           both
           his
           Maiestie
           ,
           and
           his
           Protestant
           Followers
           are
           well
           assured
           ,
           that
           not
           any
           part
           of
           the
           Warre
           is
           managed
           by
           the
           Designe
           of
           persons
           that
           are
           so
           affected
           ;
           but
           who
           knowes
           not
           the
           ground
           of
           calumnie
           ?
           The
           King
           must
           either
           denie
           his
           Subiects
           that
           are
           Papists
           the
           protection
           of
           his
           Armie
           ,
           and
           refuse
           their
           aide
           and
           service
           ,
           or
           else
           their
           aide
           and
           service
           must
           make
           his
           Armie
           a
           popish
           Armie
           :
           surely
           ,
           not
           to
           admit
           them
           into
           his
           Armie
           ,
           when
           they
           cannot
           otherwise
           be
           safe
           ,
           were
           uniustly
           to
           deny
           them
           the
           protection
           of
           Subiects
           ,
           and
           to
           spare
           them
           (
           either
           in
           their
           personall
           or
           pecuniarie
           assistance
           )
           were
           with
           inequalitie
           toward
           his
           Protestant
           Subiects
           ,
           and
           with
           danger
           to
           their
           Cause
           ,
           to
           refuse
           his
           needfull
           duties
           from
           the
           Papists
           :
           though
           therefore
           Protestants
           should
           never
           lay
           down
           their
           iealousie
           of
           the
           growth
           of
           Poperie
           ,
           yet
           should
           they
           not
           let
           it
           so
           abuse
           them
           ,
           as
           to
           make
           them
           believe
           they
           have
           no
           danger
           to
           feare
           but
           onely
           Poperie
           ;
           especially
           now
           when
           Schisme
           and
           Sectarisme
           do
           with
           such
           authoritie
           invade
           us
           ,
           and
           when
           nothing
           can
           more
           advance
           the
           bringing
           in
           of
           Poperie
           ,
           if
           it
           be
           possible
           ,
           than
           the
           confusion
           in
           Church
           and
           State
           that
           does
           inevitably
           follow
           them
           (
           the
           expectance
           whereof
           was
           the
           cause
           that
           made
           the
           Cardinall
           and
           the
           popish
           partie
           from
           beyond
           sea
           so
           effectually
           labour
           the
           promoting
           of
           them
           .
           )
           Undoubtedly
           ,
           if
           Poperie
           be
           at
           this
           time
           to
           be
           feared
           ,
           it
           is
           to
           be
           feared
           from
           the
           prevailing
           of
           Schismatickes
           by
           the
           Designe
           and
           manage
           of
           so
           potent
           and
           active
           forraigne
           Instruments
           of
           Poperie
           ;
           and
           it
           would
           returne
           with
           comfortable
           satisfaction
           to
           our
           consciences
           ,
           that
           having
           for
           a
           feigned
           feare
           of
           Poperie
           engaged
           our selves
           in
           reall
           Rebellion
           ,
           we
           should
           finde
           our
           paines
           rewarded
           with
           the
           felicitie
           of
           becomming
           instruments
           of
           the
           evill
           that
           at
           so
           deare
           a
           rate
           we
           did
           unnecessarily
           resist
           .
        
         
         
           When
           in
           every
           thing
           considerable
           to
           resolution
           ,
           the
           conscience
           is
           on
           every
           hand
           so
           strongly
           beset
           with
           reasons
           ,
           all
           concluding
           for
           obedience
           to
           our
           Soveraigne
           ,
           and
           for
           our
           utmost
           assistance
           to
           His
           Cause
           .
           How
           weak
           is
           the
           sole
           Authoritie
           of
           an
           imperfect
           representative
           of
           Peeres
           and
           Commons
           ,
           so
           to
           possesse
           the
           conscience
           with
           perswasion
           to
           the
           contrary
           ,
           as
           upon
           it
           to
           venture
           the
           present
           and
           eternall
           safetie
           of
           ones
           selfe
           ,
           and
           of
           so
           many
           thousands
           in
           our
           
             Israel
             .
          
        
         
           But
           say
           that
           this
           world
           were
           onely
           to
           be
           considered
           in
           the
           businesse
           ,
           let
           us
           yet
           but
           see
           what
           must
           needs
           be
           the
           event
           ,
           in
           case
           the
           Parliament
           Forces
           (
           which
           God
           forbid
           )
           should
           prevaile
           ;
           either
           they
           must
           leave
           the
           Soveraignitie
           in
           the
           King
           as
           it
           was
           before
           ,
           and
           content
           themselves
           with
           strict
           Lawes
           against
           all
           grievances
           that
           may
           be
           feared
           in
           Religion
           or
           in
           Government
           :
           (
           and
           then
           they
           bring
           no
           more
           to
           passe
           then
           what
           His
           Majestie
           ,
           before
           their
           Warre
           ,
           did
           of
           himselfe
           ,
           and
           does
           yet
           gratiously
           offer
           )
           or
           else
           they
           must
           take
           the
           soveraigne
           power
           from
           the
           King
           into
           their
           own
           hands
           ,
           and
           leave
           him
           no
           more
           (
           at
           most
           )
           than
           the
           contemptible
           name
           of
           King
           ,
           then
           shall
           we
           loose
           our
           old
           legall
           Government
           ,
           and
           be
           governed
           by
           the
           absolute
           arbitrary
           and
           tyrannicall
           way
           of
           their
           Votes
           ,
           and
           they
           ,
           to
           secure
           themselves
           in
           that
           new
           and
           uncouth
           way
           of
           Government
           that
           they
           must
           institute
           ,
           must
           (
           to
           the
           overthrow
           of
           Trade
           ,
           and
           intolerable
           burthen
           of
           the
           Subject
           )
           keep
           the
           Kingdome
           under
           perpetuall
           Garrisons
           ;
           and
           then
           what
           with
           the
           Faction
           and
           discord
           of
           our
           ambitious
           New-States
           ,
           what
           with
           the
           unrulinesse
           of
           the
           commanding
           Souldier
           ,
           and
           what
           with
           the
           attempts
           of
           those
           whose
           fidelitie
           will
           ever
           excite
           their
           utmost
           endeavour
           for
           their
           Soveraignes
           never
           dying
           right
           ,
           we
           shall
           fall
           into
           an
           incessant
           Civill
           Warre
           ,
           (
           untill
           the
           Kingdome
           being
           ruined
           )
           the
           Soveraignitie
           returne
           into
           the
           hand
           to
           which
           it
           rightfully
           belongeth
           .
        
         
           Unles
           therefore
           it
           please
           God
           ,
           that
           our
           great
           
             Metropolis
          
           of
           
             London
          
           (
           partaking
           rather
           of
           the
           wise
           spirit
           of
           the
           men
           of
           
             Abel
             ,
          
           
           than
           of
           the
           obstinacie
           of
           
             Gibeah
          
           the
           
             Benjamite
          
           )
           shall
           either
           deale
           so
           
           effectually
           with
           those
           that
           there
           reside
           in
           shew
           of
           Parliament
           ,
           as
           that
           they
           bring
           them
           to
           yield
           to
           the
           equalitie
           of
           a
           free
           and
           legall
           Parliament
           ,
           and
           so
           provide
           against
           future
           grievances
           ,
           without
           any
           violation
           of
           the
           Rights
           of
           the
           Crown
           :
           or
           else
           ,
           (
           in
           case
           they
           refuse
           )
           shall
           like
           the
           
             Abelites
             ,
          
           deliver
           unto
           the
           King
           the
           Heads
           of
           those
           Opposites
           that
           rise
           up
           against
           Him
           .
           
           We
           may
           assure
           our selves
           that
           that
           Citie
           like
           those
           of
           
             Gibeah
          
           and
           
             Benjamin
             ,
          
           are
           hardened
           to
           all
           our
           
             Israels
          
           punishment
           ,
           and
           to
           their
           own
           destruction
           ,
           and
           may
           (
           as
           they
           did
           )
           prevaile
           once
           ,
           and
           again
           ,
           against
           the
           residue
           of
           the
           Kingdome
           ,
           untill
           they
           have
           fulfilled
           Gods
           determined
           Visitation
           upon
           the
           Land
           ,
           and
           then
           consummate
           all
           with
           their
           deplorable
           destruction
           .
        
         
           FINIS
           .
        
      
       
       
         
           A
           DISCOVERIE
           OF
           LONDONS
           OBSTINACIE
           ,
           AND
           MISERIE
           .
        
         
           THere
           hath
           been
           many
           Admonitions
           sent
           from
           His
           Majestie
           ,
           advising
           that
           Citie
           of
           their
           own
           preservation
           ,
           yet
           they
           have
           continued
           stubburne
           ,
           though
           they
           cannot
           but
           see
           the
           hand
           of
           the
           Lord
           to
           assist
           all
           the
           King's
           Majesties
           proceedings
           ,
           whereas
           their
           actions
           are
           so
           farre
           from
           prosperitie
           that
           they
           winde
           themselves
           wilfully
           ,
           and
           force
           others
           ignorantly
           ,
           into
           miserable
           adversitie
           .
        
         
           Furthermore
           ,
           
             though
          
           God
           hath
           manifestly
           fought
           
             against
          
           the
           Rebells
           
             for
          
           the
           
             King
             ,
          
           giving
           Him
           Victorie
           in
           many
           Battailes
           ,
           when
           all
           humane
           helpes
           and
           advantages
           were
           on
           the
           Rebells
           side
           ,
           
             though
          
           God
           hath
           miraculously
           ,
           and
           beyond
           the
           hope
           of
           man
           restored
           unto
           Him
           the
           
             hearts
          
           of
           the
           people
           ,
           (
           which
           the
           Heads
           of
           this
           Rebellion
           by
           slander
           had
           stolne
           from
           Him
           :
           )
           
             though
          
           from
           small
           and
           contemptible
           beginnings
           in
           the
           eyes
           of
           
           His
           Enemies
           (
           few
           or
           none
           standing
           for
           Him
           ,
           but
           God
           and
           the
           justice
           of
           His
           Cause
           )
           God
           hath
           prospered
           him
           into
           many
           mighty
           Armies
           ,
           which
           render
           Him
           formidable
           to
           the
           proudest
           ,
           and
           stoutest
           of
           the
           Rebels
           ;
           
             though
          
           every
           
             Victorie
          
           hath
           been
           seconded
           by
           a
           tender
           of
           
             Peace
             ,
          
           and
           with
           an
           overture
           of
           
             Pacification
             ,
          
           so
           that
           as
           Himselfe
           speakes
           in
           that
           Declaration
           published
           
             Iuly
          
           30
           1643.
           
           
             He
             could
             not
             probably
             fall
             under
             the
             scandalous
             imputation
             which
             hath
             usually
             attended
             His
             Messages
             of
             Peace
             ,
             that
             they
             proceed
             from
             the
             weaknesse
             of
             His
             Power
             ,
             not
             love
             of
             His
             People
             .
          
           Lastly
           ,
           
             though
          
           like
           an
           indulgent
           Father
           of
           rebellious
           Children
           ,
           He
           hath
           
             courted
          
           this
           
             Citie
             ,
          
           and
           
             wooed
          
           it
           ,
           by
           many
           pardons
           ,
           many
           ,
           and
           often
           repeated
           Acts
           of
           Grace
           and
           Favour
           to
           recall
           us
           to
           our
           former
           Loyaltie
           ,
           (
           if
           ever
           we
           were
           Loyall
           )
           yet
           ,
           inconsiderate
           ,
           unthankfull
           wretches
           as
           we
           are
           ,
           we
           over-look
           ,
           or
           sleight
           all
           these
           invitations
           ,
           for
           instead
           of
           returning
           ,
           we
           have
           added
           this
           ,
           as
           the
           complement
           of
           our
           other
           Rebellions
           ,
           that
           (
           whether
           more
           unthankfully
           or
           undutifully
           ,
           I
           cannot
           tel
           )
           we
           have
           cast
           dirt
           in
           our
           Soveraignes
           face
           ,
           and
           slandered
           
             the
             footsteps
             of
             Gods
             Anointed
          
           ;
           as
           if
           He
           were
           guiltie
           of
           all
           those
           Miseries
           ,
           which
           at
           this
           time
           threaten
           the
           subversion
           of
           this
           Nation
           :
           we
           will
           no
           longer
           wound
           the
           King
           
             secretly
             ,
          
           through
           the
           sides
           of
           his
           evill
           
             Counsellours
             ,
          
           or
           
             Cavaliers
             ,
          
           but
           charge
           Him
           
             directly
             ,
          
           and
           
             point
             blanke
             ,
          
           as
           in
           that
           most
           seditious
           Declaration
           ,
           or
           whatever
           you
           will
           call
           it
           ,
           presented
           by
           Sir
           
             David
             Watkins
             ,
          
           and
           that
           broken
           Citizen
           ,
           out
           at
           elbowes
           ,
           called
           
             Satten
             Shute
             ,
          
           to
           the
           Common-Councell
           ,
           and
           by
           them
           to
           the
           remainder
           of
           the
           
             Lower
             House
          
           ;
           if
           it
           be
           not
           breach
           of
           Priviledge
           to
           call
           it
           so
           .
        
         
           
             How
             willing
          
           have
           we
           obeyed
           every
           Commandment
           ,
           except
           God
           and
           the
           Kings
           ?
           
             How
             forward
          
           have
           we
           been
           to
           employ
           the
           large
           Revenues
           of
           our
           severall
           Companies
           ,
           and
           Brotherhoods
           ,
           (
           as
           heretofore
           to
           excesse
           ,
           and
           gluttonie
           ,
           so
           now
           )
           to
           support
           this
           Rebellion
           ?
           
             How
             ready
             ,
          
           even
           beyond
           our
           abilities
           ,
           have
           we
           been
           to
           submit
           to
           every
           
             Taxe
             ,
          
           and
           
             illegall
             Imposition
             ,
          
           even
           to
           the
           bondage
           &
           slaverie
           of
           
             Excise
             ,
          
           by
           which
           we
           are
           not
           so
           much
           
             Proprietaries
          
           of
           our
           own
           ,
           as
           
             Stewards
             ,
          
           or
           
             Casheerers
          
           to
           the
           heads
           
           of
           the
           Rebellion
           ;
           and
           all
           this
           ,
           to
           no
           other
           end
           but
           to
           keep
           up
           the
           Rebellion
           :
           we
           have
           not
           onely
           protected
           ,
           and
           supported
           the
           Kings
           
             mortall
             Enemies
             ,
          
           but
           as
           much
           as
           in
           us
           lay
           ,
           have
           persecuted
           all
           His
           
             Friends
             ,
          
           or
           ,
           if
           but
           suspected
           to
           stand
           well
           affected
           to
           Him
           ,
           and
           the
           Justice
           of
           His
           Cause
           ,
           not
           sparing
           the
           effusion
           of
           
             innocent
             blood
             ,
          
           as
           that
           of
           Master
           
             Tomkins
             ,
          
           and
           Master
           
             Chaloner
             ,
          
           which
           ,
           like
           the
           blood
           of
           
             Abel
             ,
          
           calls
           loud
           to
           Heaven
           for
           vengeance
           ,
           on
           this
           bloody
           Citie
           ,
           and
           questionlesse
           will
           in
           time
           be
           heard
           ,
           for
           not
           content
           to
           buy
           these
           mens
           bloods
           with
           great
           summes
           of
           monies
           ,
           which
           could
           not
           be
           advanced
           but
           on
           this
           condition
           ,
           that
           Master
           
             Tomkins
             ,
          
           and
           Master
           
             Chaloner
             ,
          
           be
           delivered
           up
           to
           their
           pleasure
           ,
           and
           murthered
           for
           a
           strange
           
             Conspiracie
          
           called
           
             Obedience
          
           to
           the
           
             King
             ,
          
           but
           being
           dead
           ,
           in
           an
           unheard
           of
           barbarousnesse
           they
           presse
           into
           the
           houses
           ,
           where
           their
           dead
           bodies
           lay
           ,
           before
           their
           Funerals
           ,
           and
           thinking
           they
           could
           never
           be
           
             sure
          
           enough
           of
           so
           great
           a
           
             guilt
             ,
          
           they
           will
           not
           believe
           that
           they
           are
           dead
           ,
           unlesse
           they
           force
           the
           houses
           to
           see
           the
           bodies
           of
           them
           whom
           themselves
           had
           murthered
           ;
           insomuch
           ,
           that
           to
           avoid
           further
           violence
           and
           rage
           of
           the
           Citizens
           ,
           they
           were
           fain
           to
           set
           open
           the
           doores
           where
           their
           bodies
           lay
           ,
           and
           expose
           them
           to
           the
           view
           of
           all
           ,
           that
           so
           they
           might
           glut
           themselves
           with
           beholding
           that
           sad
           spectacle
           which
           themselves
           had
           made
           .
        
         
           
             That
          
           the
           Kings
           Gracious
           offers
           of
           Peace
           have
           been
           sleighted
           ,
           and
           rejected
           ,
           with
           scorne
           ,
           and
           contempt
           ,
           and
           His
           Messengers
           that
           brought
           them
           (
           contrary
           to
           the
           Law
           of
           Armes
           and
           Nations
           )
           imprisoned
           ;
           
             That
          
           those
           miserable
           distractions
           ,
           which
           have
           rent
           and
           torne
           this
           flourishing
           Kingdome
           ,
           are
           so
           farre
           from
           being
           closed
           ,
           that
           they
           are
           rather
           made
           wider
           ;
           
             That
          
           the
           Sword
           of
           War
           ,
           so
           long
           devouring
           ,
           is
           not
           yet
           sheathed
           ,
           except
           in
           one
           anothers
           bowels
           ;
           
             That
          
           this
           Kingdome
           is
           still
           made
           the
           Scene
           of
           Murthers
           ,
           Rapines
           ,
           Oppression
           ,
           and
           Plunderings
           ,
           and
           whereon
           all
           the
           horrid
           acts
           of
           rage
           ,
           and
           injustice
           are
           every
           day
           acted
           ,
           and
           the
           Nation
           put
           almost
           out
           of
           hope
           ,
           ever
           to
           enjoy
           her
           former
           Peace
           and
           Plentie
           ,
           is
           
             our
          
           fault
           ,
           and
           
             ours
          
           wholly
           :
           Had
           not
           the
           〈◊〉
           ●f
           this
           Rebellion
           been
           animated
           by
           this
           Citie
           ,
           and
           
           encouraged
           by
           promises
           of
           more
           Supplies
           of
           Men
           and
           Monies
           ,
           they
           had
           long
           before
           this
           laid
           down
           their
           Armes
           ,
           and
           come
           with
           halters
           about
           their
           neckes
           ,
           and
           cast
           themselves
           at
           the
           Kings
           feet
           ,
           submissively
           begging
           those
           Pardons
           ,
           which
           they
           have
           presumptuously
           rejected
           ▪
           Time
           was
           ,
           when
           the
           
             two
             Houses
          
           gave
           a
           Law
           to
           the
           
             Citie
             ,
          
           now
           it
           is
           come
           to
           that
           passe
           ,
           that
           the
           
             Citie
          
           prescribe
           to
           the
           
             Reliques
          
           of
           the
           two
           Houses
           ;
           They
           must
           not
           conclude
           of
           
             War
          
           or
           
             Peace
             ,
          
           without
           consulting
           the
           
             Citie
             ,
          
           if
           they
           doe
           ,
           they
           reckon
           without
           their
           Host.
           
        
         
           Nay
           ,
           though
           
             Fairfax
          
           be
           utterly
           routed
           in
           the
           
             North
             ,
          
           and
           
             William
             ,
          
           once
           sirnamed
           a
           
             Conquerour
             ,
          
           be
           totally
           defeated
           in
           the
           
             West
             ,
          
           yet
           can
           they
           neither
           be
           
             perswaded
             ,
          
           nor
           
             beaten
          
           into
           thoughts
           of
           Peace
           .
           On
           the
           20th
           of
           
             Iuly
          
           last
           ,
           no
           longer
           ago
           ,
           many
           Thousands
           (
           as
           the
           printed
           paper
           tells
           you
           )
           preferred
           a
           Petition
           to
           the
           House
           of
           Commons
           ,
           presented
           by
           M.
           
             Norbury
             ,
          
           of
           the
           
             Cursitors
          
           Office
           ,
           and
           
             Iohn
             Hat
          
           an
           Atturney
           of
           
             Guild-hall
             ,
          
           both
           pernicious
           men
           ;
           which
           as
           it
           evidently
           shewes
           their
           obstinate
           aversion
           from
           Peace
           ,
           so
           it
           is
           the
           most
           desperate
           devilish
           slander
           ,
           that
           ever
           yet
           durst
           look
           the
           world
           in
           the
           face
           ;
           for
           first
           ,
           they
           tell
           the
           House
           of
           Commons
           ,
           and
           in
           them
           the
           world
           ,
           
             That
             the
             King
             without
             any
             touch
             of
             conscience
             ,
             and
             in
             defiance
             of
             God
             ,
             hath
             raised
             an
             Armie
             of
             Papists
             ,
             Outlawes
             ,
             and
             Traitors
             ,
             for
             Robbing
             ,
             Burning
             ,
             Murthering
             ,
             and
             Destroying
             of
             His
             Religious
             ,
             Honest
             ,
             and
             well
             meaning
             People
             .
          
           And
           then
           knowing
           not
           onely
           their
           
             interest
             in
             ,
          
           but
           their
           
             power
             over
          
           the
           House
           of
           Commons
           ,
           they
           do
           not
           so
           much
           
             Petition
             ,
          
           as
           
             Command
          
           them
           to
           accept
           of
           their
           assistance
           ,
           for
           the
           raising
           a
           new
           Armie
           ,
           and
           in
           expresse
           termes
           prescribe
           unto
           them
           ,
           and
           limit
           them
           to
           a
           
             Committee
          
           of
           their
           own
           
             nomination
             ,
          
           for
           the
           seizing
           and
           receiving
           of
           such
           summes
           ,
           as
           the
           
             willing
          
           shall
           thinke
           fit
           to
           offer
           ,
           or
           they
           shall
           thinke
           fit
           to
           extort
           from
           the
           
             unwilling
          
           for
           this
           service
           :
           and
           that
           you
           may
           judge
           of
           the
           whole
           bunch
           ,
           by
           some
           ,
           they
           name
           
             Pennington
          
           the
           pretended
           Lord
           Maior
           ,
           
             Stroad
          
           one
           of
           the
           five
           Members
           ,
           
             Harry
             Martin
          
           Plunder-master
           Generall
           ,
           and
           
             Denis
             Bond
          
           Burgesse
           of
           
             Dorchester
             ,
          
           and
           
             Patriarch
             Whites
          
           own
           disciple
           ,
           a
           man
           of
           a
           double
           capacitie
           to
           be
           a
           Rebell
           ,
           
           and
           finding
           themselves
           more
           
             alone
          
           in
           these
           undertakings
           than
           they
           did
           imagine
           ,
           like
           desperate
           Traitours
           ,
           they
           call
           on
           the
           whole
           Kingdome
           ,
           as
           one
           man
           ,
           according
           to
           the
           intent
           of
           the
           late
           Covenant
           ,
           to
           joyne
           with
           them
           in
           this
           Rebellion
           .
           And
           having
           thus
           taken
           a
           course
           to
           raise
           new
           Forces
           ,
           on
           
             Saturday
          
           the
           29th
           of
           
             Iuly
             ,
          
           at
           a
           
             Common
             Hall
             ,
          
           they
           Voted
           Sir
           
             William
             Waller
             ▪
             Generall
          
           of
           their
           new
           intended
           Armie
           ,
           whom
           to
           indeare
           the
           more
           ,
           they
           interest
           him
           in
           the
           Government
           of
           the
           Citie
           ,
           hoping
           that
           being
           as
           mad
           as
           his
           Ladie
           ,
           he
           will
           hold
           up
           the
           Rebellion
           ,
           as
           long
           as
           he
           can
           ,
           and
           then
           be
           one
           of
           the
           last
           to
           run
           away
           ;
           I
           mean
           not
           from
           
             Battaile
             ,
          
           for
           in
           that
           he
           hath
           shewed
           himselfe
           as
           forward
           as
           the
           foremost
           ,
           but
           from
           
             Iustice
             ,
          
           and
           the
           due
           reward
           of
           his
           disloyaltie
           .
           By
           all
           which
           it
           is
           most
           evident
           ,
           that
           this
           
             Languishing
             Rebellion
          
           had
           before
           this
           day
           gasp'd
           its
           last
           and
           given
           up
           the
           ghost
           ,
           had
           not
           this
           
             rebellious
             Citie
          
           by
           its
           
             wealth
          
           and
           
             multitudes
          
           fomented
           it
           ,
           and
           given
           it
           life
           .
        
         
           If
           therefore
           
             Posteritie
          
           shall
           aske
           ,
           who
           broke
           down
           the
           bounds
           to
           those
           streames
           of
           blood
           ,
           that
           have
           stained
           this
           earth
           ,
           if
           they
           aske
           ,
           who
           make
           Libertie
           captive
           ,
           Truth
           criminall
           ,
           Rapine
           just
           ,
           Tyrannie
           and
           Oppression
           lawfull
           ,
           who
           blanched
           Rebellion
           with
           the
           specious
           pretence
           of
           Defence
           of
           Lawes
           and
           Liberties
           :
           War
           with
           the
           desire
           of
           an
           established
           Peace
           ,
           Sacriledge
           and
           prophanation
           ,
           with
           the
           shew
           of
           Zeale
           and
           Reformation
           .
           Lastly
           ,
           if
           they
           aske
           who
           would
           have
           pulled
           the
           Crown
           from
           the
           
             Kings
          
           head
           ,
           taken
           the
           Government
           off
           the
           hindges
           ,
           dissolved
           
             Monarchie
             ,
          
           inslaved
           the
           
             Lawes
             ,
          
           and
           ruined
           their
           
             Countrey
             ,
          
           say
           ,
           'T
           was
           the
           
             Proud
             ,
             Unthankfull
             ,
             Schismaticall
             ,
             Rebellious
             ,
             Bloodie
             Citie
             of
             London
          
           ;
           so
           that
           what
           they
           wanted
           of
           devouring
           this
           Kingdom
           by
           
             cheating
          
           and
           
             couzening
             ,
          
           they
           mean
           to
           finish
           by
           the
           Sword
           .
        
         
           That
           therefore
           these
           dangerous
           
             Defluctions
             ,
          
           and
           continuall
           (
           not
           small
           
             Distillations
          
           )
           but
           
             Floods
          
           of
           Men
           ,
           Money
           ,
           Ammunition
           ,
           and
           Armes
           ,
           descending
           from
           the
           
             Head
             Citie
             ,
          
           and
           
             Metropolis
          
           of
           this
           Kingdome
           ,
           may
           not
           for
           ever
           dissolve
           the
           nerves
           ,
           and
           
           
             luxate
          
           the
           Sinewes
           of
           this
           admirable
           composed
           Government
           ▪
           it
           will
           highly
           concerne
           this
           Nation
           to
           look
           about
           them
           ,
           to
           undeceive
           themselves
           ,
           and
           to
           consult
           their
           own
           
             Peace
          
           and
           
             safetie
             ,
          
           by
           joyning
           with
           their
           Gracious
           Soveraigne
           ,
           in
           
             chastizing
          
           these
           rebellious
           insolencies
           ,
           and
           reducing
           this
           
             stubburne
             Citie
          
           of
           
             London
          
           either
           to
           
             obedience
          
           or
           
             ashes
             .
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A61098e-110
           
             25.
             
               H.
            
             8.
             
               cap.
            
             22.
             24
             
             
               H
            
             8.
             
               cap.
            
             12.
             26.
             
               H.
            
             8.
             
               cap
               ▪
            
             2.
             1.
             
               Eliz.
            
             1.
             1.
             
               Iac.
            
             1.
             
               Co.
            
             5.
             
             
               Codry
               case
               ,
               fol.
            
             9.
             
               b.
               vide
            
             the
             Parl.
             writ
             .
          
           
             1.
             
               Eliz.
            
             1.
             
             
               &
            
             5.
             
               El.
            
             1.
             
          
           
             
               Lo.
               Cha.
               Egertons
               Post
               nati
            
             73.
             
               b.
               
            
          
           
             
               Psal.
            
             60
             ,
             7.
             
             
               Gen.
            
             49.10
             
               Deut.
            
             33.4
             .
             
               &
            
             5.
             
          
           
             
               Lo.
               Cha.
               Egertons
               Post
               nati
               fol.
            
             22.
             
             
               &
            
             23.
             
               sect.
            
             4.
             
          
           
             
               Crompt
               .
               ●ur
               .
            
             10.
             
               b.
            
             The
             speech
             of
             
               H.
            
             8.
             in
             Parl.
             by
             information
             of
             the
             Judges
             .
          
           
             
               Stat.
               West
               .
            
             1
             ,
             3.
             
               E.
            
             1.1.3
             .
             
               E.
            
             1.3
             .
             
               &
            
             6
             ▪
             
               &
            
             42.
             
             
               Stat.
            
             of
             Merch
             .
             13.
             
               E.
            
             1.
             
               Westm.
            
             3.18
             .
             
               E.
            
             1.1
             .
             
               Stat.
            
             of
             waste
             20.
             
               E.
            
             1.
             of
             Appeale
             ,
             28.
             
               E.
            
             1.1
             .
             
               E.
            
             2.1
             .
             and
             all
             the
             Titles
             of
             the
             Acts
             of
             our
             Parliament
             .
          
           
             
               Vnicuique
               in
               suà
               arte
               credendum
               ,
            
             11.
             
             
               H
            
             7.9.34
             .
             
               H.
            
             6
             14
             
          
           
             25.
             
               E.
            
             3.4.37
             .
             
               E.
            
             3.18
             42.
             
             
               E
            
             3.3.17
             .
             
               R.
            
             2.
             
             
               Vide
            
             the
             Oath
             of
             the
             Justices
             ,
             
               an.
            
             18
             
               E.
            
             3.
             
             Yee
             shall
             swear
             &c.
             that
             lawfully
             ye
             shall
             counsell
             the
             King
             in
             his
             businesse
             ,
             and
             ye
             shall
             not
             counsell
             nor
             assent
             to
             any
             thing
             which
             may
             turne
             him
             in
             damage
             ,
             &c.
             and
             ye
             shall
             do
             and
             procure
             the
             profit
             of
             the
             King
             ,
             and
             of
             his
             Crown
             ,
             with
             all
             things
             ,
             where
             ye
             may
             reasonably
             do
             the
             same
             ,
             and
             if
             ye
             be
             found
             in
             default
             ,
             &c.
             ye
             shall
             be
             at
             the
             Kings
             will
             ,
             of
             bodie
             ,
             goods
             ,
             and
             lands
             ,
             thereof
             to
             do
             as
             shall
             please
             him
             .
             So
             helpe
             ,
             &c.
             
             
               Vide
            
             the
             Statute
             
               de
               Big●m
               .
            
          
           
             35.
             
               H.
            
             6.
             
             
               Fitz
               ▪
               A●r
               .
               tit.
               gard
               .
            
             72.
             
               pag.
            
             3
             :
             
               Braect
               .
               li
               .
            
             1
             :
             
               c.
               
            
             16.
             
               par●
            
             3
             
               fol.
            
             34.
             
          
           
             
               Bract.
               li.
            
             1.
             
               c
               ▪
            
             8
             
               p.
            
             5.
             
          
           
             
               Pag.
            
             38.
             
          
           
             2
             Tim.
             3.13
             .
          
           
             
               Ed.
            
             2.
             
               Pag.
            
             8.
             to
             
               pag.
            
             15.
             
          
           
             
               Pag.
            
             15.
             
          
           
             
               Pag.
            
             33
             ,
             34
             ,
             35
             ,
             35
             ▪
             
          
           
             Adjudged
             H.
             7.
             
          
           
             
               Pag.
            
             4.
             
          
           
             
               Co.
            
             5.
             
               de
               jure
               &
               Ecc.
               fol.
            
             9.
             
               b.
               
            
          
           
             25
             H.
             8.21
             ▪
             
          
           
             16.
             
             
               R
            
             2
             ,
             5.
             
          
           
             25.
             
             H
             ,
             5.
             
          
           
             15.
             
               E.
            
             3.
             
          
           
             5.
             
               E.
            
             3.
             
          
           
             
               Vide
               Ola
               Mag.
               Cha.
               D●ar
               .
               H.
            
             4.
             
          
           
             7.
             
               E.
            
             1.
             
          
           
             3.
             
               E.
            
             3.
             
             
               De
               queux
               ils
               nont
               pas
               cognizance
            
             25.
             
               E.
            
             3.2
             .
          
           
             
               3.
               
                 E.
              
               3.
               
               
                 Fitz
                 ,
                 tit.
                 Cor.
                 sta
                 〈…〉
                 .
                 pl
                 ▪
                 Cor.
              
               153.
               
            
             
               
                 Bract.
                 ti
                 .
              
               2.
               
                 cap.
              
               22.
               
                 fol.
              
               52.
               
                 a.
                 Rex
                 parem
                 non
                 habet
                 ,
                 nec
                 vicinum
                 nec
                 superiorem
                 .
              
            
          
           
             
               Deut.
            
             33.5
             .
          
           
             
               Numb.
            
             16.3
             .
          
           
             
               ib.
               v.
            
             13.
             
          
           
             
               ib.
               v.
            
             2.
             
          
           
             
               Psal
               ▪
            
             106.17
             .
          
           
             
               Deut.
            
             33.5
             .
          
           
             
               Exo.
            
             4.16
             .
          
           
             
               Numb.
            
             11.15
             .
          
           
             2
             Tim.
             3
             ▪
             2.
             
             &
             4.
             2
             Pet.
             2.10
             Jude
             8.10
             .
             &
             11.
             
          
           
             1
             Sam.
             16.14
             .
             verse
             1.
             
          
           
             1
             Sam.
             26.9
             .
          
           
             Afterward
             
               David
            
             was
             touched
             in
             heart
             because
             he
             had
             cut
             off
             the
             lap
             of
             
               Sauls
            
             garment
             .
             1
             Sam.
             24.6
             .
          
           
             The
             Book
             of
             Observations
             ,
             
               Treacherie
               and
               disloyaltie
               of
               Papists
               ,
               &c.
               
            
          
           
             2
             Sam.
             20.16
             .
          
           
             Judges
             20